Research About The Prevention And Relief Of The Defective Drug Damage In China

Since drugs being used in treating patients,it has played an irreplaceable role in prolonging life.However,as the ancients said: "Every medicine has its side-effects." It can cure illness,but it may cause it too.It is hard to eradicate the side effects in a long time.Since the 20 th century,a large number of chemicals has been produced,including many new drugs.It has caused plenty of thalidomide disaster due to the lack of effective supervision.Some make people sick,others may even be life-threatening,which tend to cause public events.It is necessary to establish and improve the relevant system of prevention and relief to reduce the harm of defective drugs.In view of this,this article is divided into fourpartson the basis of the product liability and tort liability,as well as the existing relevant laws and regulations in our country.The first part of this article is about "the overview of damaging caused by defect drug".This part is composed of three sections,the first section mainly discusses what is drug,the concept of defects,as well as a simple classification of defects,standards and method of identifying defect drugs,the function of part one is laying a theoretical basis for the whole article.The secondsectionis about "infringement responsibility of defective drugs." our country has implemented a strict liability,but through the analysis of this thesis,the author thinks that imputation principles should be set according to the type of defects.The constitutive requirements which under the strict liability are: defects,damage the fact and the causal relationship between the two.The third one is about “the liabilities of defective drugs and the exemptions”This section will discuss the subject liabilities,and focus on the type of medical Institutions,besides that,whether riskdefense can be the reason of liability exemption is an important problem needs to be solved.The second part is about "the problems in prevention of the China's damage caused by defective drug." It will mainly analyzes the problems in legislative,judicial,administrative supervision,the legal system education,professional ethics education and other relative subjects,laying a foundation to solve the problems.The third part is about "Some advice about consummating the prevention and relief about defects drug damage".This advice will be put up according to the questions put forward in part two,combining with the related practice of the developed countries and regions.In legislation,it is recommended that the tort liability law judicial interpretation should be came into effect as soon as possible on,which can be helpful in sorting out the related concept,solving related problems.In justice,this thesis will give advice on the allocation of burden of proof,judicial appraisal,expert auxiliary application of the execution of judgments,the perfection of the development of public interest litigation etc.In administrative regulation,the paper will put forward some opinions about how tostrengthen the drug supervision from food and drugadministrationdepartment.For education,it is recommended to strengthen the legal system education and professional ethics education from schools and pharmaceutical companies.In the aspect of accusing,it mainly aimed at the opinions about solve the problem of arbitration and mediation.The fourth part is about "The importance of the legal system education and professional ethics education in the prevention and relief of defects in our country." This part briefly analyses the importance of the legal system education and professional ethics education in the defect drug damage prevention and relief,to arouse the people thatpays close attention to the legal system education and professional moral education,pay more attention to drug safety.