The Civil Liability Of Infringement Of Drugs

The role of drugs has the dual nature of the drug can cure, at the same time, alsobecause of adverse reactions, drug defects and other factors, led to drug users health damage.Infringement of drugs and civil corresponding remedies, caused the attention of the society.China’s current relief system in adverse drug events, and there is no effective comprehensivesystem, lack of effective mechanism of drug infringement remedy."General principles of civillaw","tort liability act","product quality law" and other laws, is after the injury tort happens,the main legal basis producer responsibility in the judicial practice of our country. Butbecause the drug manufacturer of the drug is qualified drugs, even if the injury occurreddamage, also can because manufacturers do not have the illegal behavior, but in anembarrassing lack of sufficient legal basis. In order to injury tort victims legitimate rights andinterests can really be protected, for the elements of general tort we need according to theinjury characteristics of infringement, make suitable adjustment of drug tort characteristics.To protect the majority of drug users medication safety, establish and improve the injury tortrelief system, all these issues we need to focus on the.In this paper, through the introduction of related concepts of drug and pesticide, thestudy of China’s past major injury incident, analysis found that China’s existing problems indrug infringement remedy. By the comparison of phytotoxicity of foreign and regional reliefsystem, the damage constitutive elements of tort of analysis, put forward to perfect the reliefsystem concept of constructing the phytotoxicity of tort, the proposed system specifically forthe laws and regulations of drug injury relief, suitable the strict responsibility principle, theprinciple of equitable liability in infringement of drugs, the inversion of evidential burden andthe putative causal application in litigation practice, also suggested the perfect tort law outsidethe phytotoxicity of other aspects such as funds, insurance system.