Research On Civil Compensation Liability For Drug Infringement

Drug infringement is a new form of infringement that accompanies life science and drug research and development.In the past civil cases of drug infringement,due to the lack of special legislation,judges usually need to use the relevant provisions including the "Torture Liability Law","Product Quality Law","Consumer Rights Protection Law" and other relevant laws to carry out the law determination,but the special nature of drug infringement cannot be highlighted by treating drugs as ordinary products and drug victims as ordinary consumers;on this premise,the Drug Administration Law The introduction of the first responsibility system and punitive compensation system into the field of drug infringement reflects the great importance attached to drug infringement.At this point,China has initially established a civil liability system for drug infringement,which is conducive to the balance of drug production to a certain extent The interests of the three parties:operators,operators,and consumers.However,it is undeniable that there are still some problems in this system,and it is necessary to carry out systematic research and analysis on this and put forward their own suggestions.The first chapter of this article mainly introduces the concepts and characteristics of drugs and drug infringement.Because drug infringement has the characteristics of subject inequality,object specificity,and seriousness of consequences,it is necessary to civil compensation for drug infringement.Responsible for specialized research.The second chapter introduces the subject of liability for civil compensation for drug infringement and the principle of imputation.China 's legislation attaches great importance to traditional responsible subjects,and applies differentiated attribution principles to producers,operators,and medical institutions;however,emerging market entities such as e-commerce platforms that have spawned under the online shopping model are still It is obviously inappropriate to apply the traditional principle of liability for fault,and the responsibility should be divided according to whether thee-commerce platform and the seller are the same entity.The third chapter discusses the burden of proof of drug infringement.First,the issue of the burden of proof of causality is discussed: the traditional theory of probabilistic causality has vague applicable standards and the plaintiff has difficulty in proving the evidence.In this regard,the epidemiological causality theory can be used to further reduce the plaintiff's burden of proof,and introduce professional identification when necessary.Institutions use epidemiological theories to prove the existence of causality.Secondly,the issue of the burden of proof of subjective elements is discussed: "knowing" does not mean intentional,and gross negligence should be included in the scope of "knowing",and the inversion rule of burden of proof should be implemented.The fourth chapter focuses on compensation for drug infringement.First of all,the introduction of punitive compensation system in the field of drug infringement has certain progress significance,but there are still some problems that may easily lead to conflicts in the application of law.In this regard,I propose to cancel punitive damages based on "price" and retain only The "triple loss" requirement is sufficient;the minimum amount of compensation should be appropriately raised to keep pace with the times.Secondly,in view of the difficulty in obtaining compensation for victims,China should learn from the experience of Germany,Japan and other countries to establish a civil compensation system for diversified drug infringement with Chinese characteristics.This system should be initiated by the government to give priority to the victims.At the same time,the interests of pharmaceutical manufacturers and operators shall be taken into consideration.