Research On The Imputation Principle Of Tort Liability In Our Clinical Trials

Since Shen Nong tasted a hundred herbs, human beings have always sought treatment for disease. After several years of exploratio n, the level of human medicine has been significantly improved. Especially after the 16 th century, western science new since the invention of smallpox vaccine, penicillin’s discovery makes the human mortality rate greatly reduced. In the 20 th century, mank ind is the rapid development of biomedical cloning technology invention, the production of genetic map makes medical technology to a new level. It is undeniable that the progress of human clinical trials for the medicine played an irreplaceable role, but a t the same time, clinical trials are not ethical norms, against the rights of the subject’s behavior, causing widespread concern.Due to the lack of clinical trials in China tort liability legislation, leading to clinical trials of infringement cases it is difficult to get the correct solution. This paper mainly studies the imputation principles of tort liability is a clinical trial, the principle of imputation, determines the elements of liability burden, the burden of proof of exemption conditions, principles and methods of compensation for damage, reduce liability basis, plays an important role in establishing the imputation principle suitable. In this paper, through the following parts to analyze the problem.First of all, overview of the clinical trials of tort liability. Firstly define the clinical trial, to distinguish between the medical behavior, and introduced the classification of clinical trials. Then clinical trials against the interests of infringement, the form and responsibility.Secondly, through the study of typical national clinical trial liability legislation, and obtain some clinical trials on tort liability of our country from. And then analyzes the status quo of clinical trials of tort liability legislation, judicial, points out some problems existing in our country.Finally, according to the particularity of the clinical trials of tort, the types of tort liability of classification of clinical trials. The principle of no fault with non therapeutic clinical trials more in line with the law of tort, and to better protect the subjects; the principle of presumption of fault treatment of the clinical trials of tort, can balance the interests between the treatment of interest subjects and research institutions.