Research On Our System Of The Liability For Medical Products Damage

The theoretical research of the Medical Products Damage Liability since it has been stipulated in article 59 by Tort Liability Law which has been comparatively maturity on the connotations, attributes, regulations, constitutive requirements, and so on. But these have been surrounded with the controversy which the criteria of liability, attributes, the problems that blood is or not product and the liability of the blood damage how to apply laws,and so on by the theoretical research of this liability. Nevertheless, there has been little realistic concentration on the existing legislation of the Medical Products Damage Liability. The thesis made some humble recommendations that will want to throw out a minnow to catch a whale for the development of the existing legislation about the Medical Products Damage Liability, which were based on insightfully studying the existing legislation of the Medical Products Damage Liability and the experience on the foreign legislation of products liability( including special products: medical products).The thesis is divided up into 6 segments:The first part: Introduction. This part elaborates on backgrounds, significance, thought,approaches of this research, analyzing existing domestic research into the liability of medical products damage and existing foreign research on products liability( including special products: medical products).The second part: The summary of medical products and the liability of medical products damage. This part discusses the concept of medical products and compares medical products with general products, analyzing legal attributes of the liability of medical products damage. Finally, the thesis reaches the conclusion that it is a special products liability to the attribute of the liability of medical products damage.The third part: Elaboration of our legislation about the Medical Products Damage Liability. This part emphasizes that to analyze the identification of product defects,constitutive requirements and the criteria of liability by the liability of medical products damage, products recall,with the problems on authentication of damage to person and compensation for injury. And in the last section, it is analyzed systematically about our legislation of the liability for medical products damage.The fourth part: The legislation of Europe and America and other countries on the liability of products(that including special products: medical products) for reference.Firstly, this thesis expounds on crucial legislative instances of products liability across Europe and America: including Restatement of the Law, Third, Torts: Products Liability which has been enacted by the America Law Institute, and German Medicinal Products Act, Products Liability Act, and products liability in The French Civil Code. Secondly,this thesis analyzes characteristic of products recall across Europe and America: including mandatory recall of medical products which has been administering by FDA, and Canadian classification of products recall, General Product Safety Directive which has been enacted by EU, and GMP, drugs recall of EU. Thirdly, this thesis distinguishes between Expert Witness System of Anglo-American Law System and Judicial Verification System of Continental Law System. Finally, this thesis analyzes compensation for injury on products in foreign legislation: including American punitive damages system,and the regulations on right of claim for fetal damages of Germany, Japan and Switzerland,furthermore, introducing these aspects of products liability insurance and products recall insurance.The fifth part: Expanding upon offering proposal of our legislation for Medical Products Damage Liability. The 1 chapter, this thesis draws a conclusion that it could enact relational legislation, such as Medicinal Products Act, Medical Devices Damage Act, and studying exemption from cause about producers whose need to assume responsibility for medical products damage. The 2 to 3 chapters, this thesis offers proposal for our legislation of medical products recall and authentication of damage to person. The 4chapter, basing on comprehending system of American punitive damages, this thesis searches for improvement on our punitive damages of products liability and thinks application of our legislation on compensation for injury. Meanwhile, it makes some conclusions that medical institutions shouldn’t apply the system of our punitive damages,and our legislation should establish right of claim for fetal damages. The 5 chapter, this thesis studies how to improve our legislation of products liability insurance, and offering some measures.The sixth part: A combination of external and internal aspects analyze that the thesis how to enlighten the research of Ideological and Political Education. The external significance:refining legislation and creating atmosphere of legal institution. The internal significance:training professional conduct and pursuing social value.