| Although ADR damage compensation disputes rise in recent years,victims are difficult to be compensated through the litigations. The mostimportant reason is that the legal system of ADR damage compensation isnot completed in China. According to the prevailing internationalstandards, there are three characteristics of ADR: firstly, medicine isstandard; Secondly, medicine is normally used; Thirdly, the harmfulreaction is unrelated with the treatment aim or unexpected. However, theChinese law requires drug defects as the premise of liability and drugdefect is defined as unproved by SPDA in practice. It leads to seem theliability of ADR is liability for fault rather than liability without fault.Also it is hard for victims to prove their claims. So it sounds reasonablethat victims could not be compensated easily in China.This thesis includes four issues: First, the current situation andregulations of ADR compensation. Second, the choice of ADR liability. Third, redefinition of drug defects. Forth, completed burden of proof inADR compensation litigation. |
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