With the progress of human science and technology,the modern pharmaceutical industry has flourished and developed,which has improved the ability of human beings to fight diseases,followed by the risk of drug use.In order to ensure the safety of public drug use and provide adequate relief to those who suffer from adverse drug reactions,the relief channels for drug damage must be clear and unobstructed.However,China’s legislation on the remedy of adverse drug reactions is not perfect,which makes it difficult for people suffering from adverse drug reactions to get relief in judicial practice.Especially,it is difficult to achieve an ideal balance between relieving people who have suffered from adverse drug reactions and ensuring the overall development of the pharmaceutical industry.Therefore,it is necessary to construct a relief system for adverse drug reactions damage that is suitable for China’s actual situation.The system construction needs the support of empirical data.On the basis of combing the legislative and judicial status quo of adverse drug reaction damage cases in China,this paper objectively analyzes the disputes in relief of adverse drug reaction damage cases in China from the empirical point of view.On this basis,this paper deeply analyzes the theoretical problems reflected in it,such as case characterization,imputation principle,burden of proof,exemption conditions and so on.Then,by studying and comparing the relief models established outside China,we can draw the conclusion that a single relief model is not suitable for China’s actual situation.Finally,in view of China’s adverse drug reactions. |