Study On Istitutional Arrangements For Relieving Damages From Adverse Drug Reactions

Along with the development of medicine industry, lots of drug flow into the market, providing more choices for diagnosis and treatment of diseases. But the drug is a kind of special commodity with risks and benefits at the same time. drug can cause adverse drug reactions as well as treatment. In the past 100 years, world phytotoxicity events occurred frequently, not only drawing close attention from the world consumers, producers and legal workers, but also making the world drug regulatory agencies realise the importance of strengthening drug safety monitoring and the necessity of the establishment of adverse drug reaction injury compensation system.Based on the typical examples of adverse drug reaction all over the world, the article deeply analises the reality of current adverse drug reaction injury compensation system, from the angle of economics, law, pointing out the defects of current adverse drug reaction injury compensation system in China. By comparison and analysis between cases and legislative in Germany, the United States, Japan and Taiwan, it is proposed to establish and complete the adverse drug reaction injury compensation system in China, especially analysing and putting forward the adverse drug reaction damage relief system relief mode, legislation system, institutional setup and relief payment scope, targets, condition of payment, thus providing effective reference for the establishment of adverse drug reaction injury compensation system in China.This article mainly uses the methods for comparative research and system analysis, namely comprehensive comparison of adverse drug reaction damage relief system modes between relevant countries and Taiwan, China, especially comparison between adverse drug reaction injury compensation system in foreign and Taiwan region and related laws with defective product relief system as the core, thus putting forward the thought of ADR damage relief mode which is suitable for China's national conditions. On this basis, this article combines with the current legal system, especially analising the drug laws system, product quality law system and personal injury relief law system, and initially forming present legal framework of adverse drug reaction injury compensation system.