Research On Drug Tort Liability

In recent years, China’s drug violations have occurred frequently, which caused widespread concern in the community.In China, there is no specialized medicine tort liability act currently. Although the existing legal norms offered a direction to solve pharmaceutical tort litigation, the legitimate interests of the victim are not protected effectively because the tort liability is described too general in present legal norms. The society realizes the important of establishing drugs tort liability act and related relief system. In this paper, by infringing on drug-related concepts and theoretical analysis to be defined for drug tort liability,the tort liability of drug is defined from a practical point of view, the principle elements and responsibility of drugs infringement is studied, and the limits of liability of responsible body is analyzed. The medicines legislation and tort relief system in Germany, U.S., Japan and other developed countries has been studied and compared. Based on the experience of developed countries and the situation in China, specialized’ drug tort liability act’ is proposed, which will improve substandard medicines recall system, build pharmaceutical tort liability insurance system to ensure that drug tort victims can be helped in a time and effective. That will be good to improve China’s socialist legal system.