Punitive Compensation Application On Drug Infringement

The Tort Liability Law of China was formally issued on December26,2009, which is the first to clearly put forward the punitive damages system and serves as a milestone in the jurisprudential and medical circles. Article47of the Law specifies that the infringed has the right to request corresponding punitive damages if a product is produced and sold though it is known perfectly that the product is defective, leading to the death or serious health damage of others’". The introduction of the punitive damages system in drug infringement facilitates the fully guarantee of the lawful rights and interests of the infringed, effectively contains and punishes the infringement of pharmaceutical companies and medical establishments upon the lawful rights and interests of the patients, and is helpful for the long-term healthy and vigorous development of the pharmaceutical industry in China.This paper is divided into four parts. The first part begin with the basic concept of punitive damages system, combing the related contents of punitive damages system. The second part put forward the necessity of introducing punitive damages system into our country present drug safety field, according to analyse our country present drug safety responsibility system. The third part define the concerning concept of "drugs"," defects",and clear the applicable subject, object, condition,"corresponding" compensation amount of punitive damages system,combining with the specific features of drug tort domain. The fourth part present ideas such as implement the priority principle of civil compensation, part property can be provisioned or property preservation measures can be applied for firstly, contacted with the practical application of punitive damages, ensuring that punitive damages will be met in the future; punitive compensation ways of litigation, arbitration, mediation and a plurality of remedy can be selected; proposed the punitive compensation can not be advocated with the general compensation together, unreal joint liability does not exist in punitive damages, and so on, hoping for future drug torts punitive damages in the field related to the implementation of the introduction of rules with certain feasibility suggestions and reference.