Research On Legal Regulation Of Experimental Medical Behaviors

As rapid development in medical science in society today, many scientific researches continue to be applied in the human body ,for the benefit of human society and the human being's health .But in the scientific and technological progress, we must clearly recognize that the outstanding achievements in scientific research will come true only through tireless efforts and comparative studies .The experimental medical behaviors as a double-edged sword, being the necessary path of human medical research, while bring progresses for humanity, if not limited to comprehensive, standardized legal regulations ,will greatly violate the rights and interests of subjects.Now it exists a lot of illegal irregular experimental medical behaviors in society. Because of no sound legal regulations to regulate this conduct, it results in a lot of real social problems, leading to public hot discussions. it mainly attributes to no full information to researchers in the process of the human experiment , no actual protections to the rights and interests of human subjects , and many difficulties in the process of subjects seeking judicial help when being damaged . In view of the corresponding legal regulations, the author elaborated in four aspects as following:Part I: The major regulations on experimental medical behaviors at home and aboard were illustrated. The Conduct of experimental medical behaviors was defined. According to their test subjects, it can be mainly classified into: clinical trials of new medical technology, pharmaceutical clinical trials and clinical trials of new medical devices, and respective systemic expositions are given according to the definitions, the characteristics, the facing challenges of these three types of tests.Part II: Profiles on the major experimental medical behaviors in our country were concretely described, and its characteristics were summarized according to the current situation. Mostly to aim at the analysis for the first part of the legal regulations, we must raise the main existing problems, find the deficiencies in the legal regulations, and make bedding. For the fourth part of the legislative proposals .Part III: Analyses were given on legal regulations of experimental medical behaviors in the United States and Taiwan of China. its developmental historic profiles were respectively described, the implementation of informed consent and agreement ,the formulation of relevant legal and the building of ethical review committee, including its building purpose , the reviewing principles and goals, the reviewing procedures and contents and continuous checking were expounded. The article summarized advanced features of regulations in the United States and Taiwan and proposed where can be learned.Part IV: According to China's national conditions and characteristics of the existing legal regulations, compared to the corresponding legal regulations in the United States and Taiwan, to learn their advanced parts needed for our country, on the aspects of reinforcing subjects protection mechanism and relief mechanism for adverse reactions, increasing criminal law provisions and compulsory insurance, improving the system of ethical reviewing regulations, recommendations were made respectively.