On The Tort Liability Of Defective Drugs

Based on the tort liability of the defective drugs as the main research object, aimed at getting rid of the drug liability from product liability, related legislation shall be independent. The regulation of our country current law on drug liability is relatively fuzzy. Compared with the perfect drug legislation abroad, protection for the defects caused by drug damage still laid in the level of drug quality standard. Thus some drugs are up to the specific quality standards in the real medicine market but still cause the damage because of the unreasonable danger and situation. Based on the analysis of different legislative provisions, article gives definite explanation by using the theory of "unreasonable danger" and "prescription and non-prescription drugs classification management system" for the significance of drug. Using the experience of legislation and drugs liability theory of jurisprudence in United States, Japan, Germany and other countries, the drug liability imputation principle and constitutions are discussed in detailed research. Namely, according to different cause of action different imputation criteria and corresponding constitutive requirements should be taken, which not only strengthens the maneuverability of assuming responsibility for dangerous drugs but also keeps the balance between rights of the victims and the interests of the producers to develop new drugs allocation. On this basis, some legislation suggestions are put forward on the aim of medical liability in our country’s practice of applicable law from three aspects, that is, the liability subject, responsibility, compensation standards, in hope to be good to build perfect system of the tort liability and the judicial practice.