| Adverse drug reactions are caused by the harmful effects of the use of drugs.Its salient feature is that the reaction does not meet the intended purpose of the drug users.In recent years,China has also appeared more adverse drug reactions,and the victims do their best to seek the relief of damage,but this process is extremely difficult.Judges are also puzzled when they are dealing with drug damage.This paper starts from the status quo of the relief for drug adverse reactions,and points out the legislation and judicial difficulties of this problem in China,and analyzes the shortcomings of the current relief system,and analyzes the current legislative deficiency of adverse drug damage relief.Thus we find that the root cause of adverse drug damage is to get rid of the dependence on tort law,and we should establish the non-litigation,socialization of the sharing mechanism.The diversified relief system in the developed countries of the harm in adverse drug reactions has provided a useful reference for the drug adverse reaction relief mechanism in China.Regardless of the insurance system,the fund system,the administrative compensation system or the social security system is a good idea for our country,as to which model is more suitable for our country,or how to establish a Chinese medicine adverse drug damage relief system,we need to do empirical analysis on the basis of China’s national conditions. |