A Study On The Mechanism Of Civil Dispute Settlement Of Drug Defects In China

Civil disputes caused by drug quality defects currently has become a kind of high incidence of disputes,our laws on drugs and drug circulation also drug regulatory has not been improved yet,thus resulting in many problems in judicial practice of civil disputes caused by drug defect.So it is necessary to deeply analyze the problems arise in a civil dispute process of such cases on the basis of clarifying the type and characteristics of such cases in civil disputes,and then Propose processing mode of solutions to such civil dispute.This paper is divided into three parts, a total of more than thirty-seven thousand words.The first part is an overview of drug quality defects civil dispute resolution mechanism.The first section summarizes the meaning and type of civil disputes caused by drug quality defects,combined with the statistical data counted by relevant government departments and some great influenced drug quality defects cases in recent years, and made analysis on the characteristics of civil disputes caused by drug quality defects,also explains the types and research significance of the drug quality defects civil dispute resolution mechanism.The second part analyzes the current problems of various types of civil disputes settlement mechanism towards drug quality defects. Conducted in the study, presented in the proceedings to determine the uncertainty about eligibility party, the burden of proof is not clear, expert assistant application incomplete and difficult problem of enforcement of judgments in civil and non-litigation settlement mechanism may exist in arbitration and mediation of uncertainty main problem of uncertainty through the investigation of the drug quality defects civil procedure and non litigation procedure.The third part, first of all, putting forward a suggestions for improvement on determine the eligibility of the parties, the burden of proof allocation of responsibility,the implementation of expert assistant application and post-judgment made perfect views. Secondly, in terms of quality of drug defects civil dispute resolution mechanism in non-litigation cases for class arbitrability to be a clear and determined the subject of mediation.Finally, the quality of drug defects civil dispute settlementmechanism of the development idea to build a diversified pharmaceutical quality defects civil dispute settlement mechanism and to achieve an effective complaint and non-litigation convergence.