The Applicable Law Of The Foreign Drugs Responsibility

With the progress of science and technology and development ofinternational trade, one of the special products-drugs enter into theinternational market. This circulation enriches the drug market, brings thegospel for patients with diagnosis and treatment of disease, but it also objectivelybrings foreign drug torts liability issues. A lot of drug liability accident has notbelonging to the medical malpractice, but belongs to the category of productliability, because of the defects drugs itself. Firstly, the author tries to define themeaning of responsibility of foreign medicine, drug and drug liability, analyzesthe special nature of drugs and drug liability, and proposes the importance of thestudy of the applicable law of foreign drug liability. Secondly, the authordiscusses the reasons of foreign drug liability legal conflict in three aspects-thedrug import and export among nations, one nation’s recognition of anothernation’s and the differences of drug liability acts, and summarizes the mainforms of liability law conflict. Thirdly, the author discusses the legislation andpractice of the applicable law of foreign drug liability, selects the United States,Switzerland, England as representative, analysis the order and thecharacteristics of the Convention on The Law Applicable to Prodaces Liabilityabout the applicable law of products, and talks about China’s position. Last, theauthor returns to China’s relevant provisions, discusses its development andreveals China’s current legislation problems. Based on these analysis and thenational conditions of our country, the author put forward some proposal toimprove China’s the applicable law of foreign drug liability.