Legislative Research On Juveniles’ Taking Part In Medical Body Experimentation

Children’s medicine cannot develop without medically human experimentation which is based on juveniles. In recent years, it is urgent that juveniles take part in medically human experimentation since adult diseases have the younger-aged trend and the explosion of juvenile’s drug crisis. The legislation of our country, however, is significantly vacant which cannot suit to the developing medical science which lead to many problems in the practice of medically juvenile experimentation. The reasons include that the legislation system is imperfect; the decision system which is made by guardian instead is defective; the responsibility system of violating juvenile subjects’ right is lack; juvenile subjects’consciousness of rights protection is weak and so force. Some internationally universal principles in protecting juvenile subjects’right and legislative regulation in other countries and districts have reference significance for our country in establishing medically juvenile experimentation system. The legislation in medically juvenile experimentation system has demerit, which lead us to perfect from different angles.In the aspect of legislative, it should introduce specialized laws in medically juvenile experimentation, add relevant clauses into The Law of Medically Human Experimentation, The Law of Protection Minors, The Tort Liability Law and so force, and determine basic principle of medically juvenile experimentation.In legal norm, it should be strict in actual conditions when juveniles take part in medically human experimentation. The consent capacity of juvenile subjects should be correct and the decision system which is made by guardian should be established and perfected.In tort relief aspect, the legal relation of medically juvenile experimentation and medical treatment should be distinguished; the doctrine of liability fixation of tort liability to pay compensation in medically juvenile experimentation should be explicit; the compulsory liability insurance of medically human experimentation should be established; and the compensation mechanism of medically human experimentation should be founded which makes appropriate tilt to juvenile subjects.