The Research On The Social Relief Model Of Mass Drug Infringement

The focus of this paper is to summarize the research results at home and abroad based on the value orientation of the social relief model,but its core is to propose the specific path mode of compulsory liability insurance,compensation fund and social security system to deal with large-scale drug infringement.Today,with the rapid development of industrialization,informatization and digitalization,the emergence of risk society follows,and the occurrence of large-scale infringement incidents is also like the spring.Large-scale infringement of drugs,food,products and the environment has been frequently reported in the media,resulting in the disorder of our social life and further affecting the stability of the national order.Because of the unpredictability of personal injury and property loss and the uncertainty of causality,large-scale drug infringement has led to continuous infringement disputes,most of which result in the lack of adequate compensation for the victims,which makes the realistic need of traditional infringement relief give birth to the socialized relief model.Compared with tort litigation relief,social relief can more fully protect the interests of the victims;Although the administrative relief can compensate the victims in time and stabilize the social order,it lacks legal basis and causes the inconsistency of the responsible subjects.Commercial insurance relief,for the damage caused by large-scale drug infringement,combined with the development of China's insurance market,insurance companies with underwriting capacity are even less.Therefore,the study of the socialized relief system has become an important issue for the theoretical and practical circles.Based on the deficiency of the current large-scale remedy for drug infringement,this paper draws on the legal system and practical experience of some foreign countries to construct the model of compulsory liability insurance,compensation fund and social security social relief.The first design of the social relief model for large-scale drug infringement is the model of "compulsory liability insurance + social security supplement".Compulsory liability insurance,as one of the modes of socialized remedy for drug infringement,has a solid theoretical basis.First,as a national public product,the safety of drugs isrelated to the health of the people and the embodiment of social public security.Therefore,it is necessary to impose certain public compulsion on pharmaceutical enterprises.Second,compulsory liability insurance has the function of dispersing the liability of pharmaceutical enterprises,and can compensate the victims timely and efficiently.Thirdly,the core value of tort law is to fill the damage,so the implementation of compulsory liability insurance has a system basis.Compulsory liability insurance also has rich practical significance.First of all,to solve the single litigation relief dilemma,the powerful function of compulsory liability insurance is to fill.Secondly,it is impossible to attribute the responsibility that does not belong to the government to it.Compulsory liability insurance can share the responsibility of the government.Furthermore,as the main body of business,pharmaceutical enterprises aim to obtain profits,and compulsory liability insurance can transfer part of the responsibility to insurance companies.Finally,China's insurance market is in its infancy.With the rule of law system gradually improved,some insurance companies can seize the opportunity to grow rapidly and become powerful.Concrete building in compulsory liability insurance pattern,the drug producers and sellers shall pay the insurance premiums according to the government limit premium within the limit,the insurance company in drug producers and sellers outside of intentional misconduct or gross negligence tort cases shall be insured and compensation to victims of personal injury,property damage,the author thinks that spiritual loss should be paid,and for victims of drug tort damage should be paid directly to the insurance company request.Social security is the embodiment of the national welfare system.In the face of large-scale drug infringement in the risk society,the compensation of compulsory liability insurance has a limit,which cannot provide comprehensive relief to the victims.Social security has the function of supplementing compulsory liability insurance.In the legal norms,the socialized relief mode of large-scale drug infringement should make clear the connection between social security and compulsory liability insurance to make up for the deficiency of relief function.The second design of the social relief model for large-scale drug infringement is the "compensation fund + social security supplement" model.The compensation fundhas an important meaning of realistic needs,which is reflected in the following aspects: improving the comprehensive remedy system for drug infringement is the need of the development of tort law;The compensation fund is able to provide timely and efficient relief to the victims when they suffer damage without complicated burden of proof.In addition,the cultural environment of rule of law is formed,and the risk transfer of large-scale drug infringement is borne by the society.The people can accept such legal justice value and have a good legal culture atmosphere.Foreign and Chinese laws in Taiwan have long been theoretically explored and supported by successful cases,and their theoretical system can be used for reference.Besides,the special compensation fund of "changchun changsheng vaccine incident" was established as a precedent in the field of drug infringement.In combination with foreign experience and domestic theoretical and practical exploration,the author of the compensation fund fund source,fund management,fund scope of application,compensation standards and compensation procedures for specific design.As an important part of the socialized relief model for large-scale drug infringement,social security is the embodiment of the development of human rights doctrine,as well as the need to improve the development of the national social security system.In addition,social security does not take the emergence of tort liability as the premise.Under the situation that China's social security legislation system is gradually improved,the compensation fund system is combined to better help the victims of drug infringement,which also has supplementary effect on the relief function of tort law.The functions of compulsory liability insurance,compensation fund and social security link up and constitute the socialized relief mode of large-scale drug infringement.Based on the development of China's market economy and national conditions,the mode of "compulsory liability insurance + social security supplement" is the best choice for China to deal with large-scale drug infringement.