Study On The Defect Drug Product Liability

Defective drug tort liability is the result of drug defect causing property,physical damage,the civil liability of drug producers,sellers.The currentj have no relevant defects of drug tort legislation,And the adjustment of drug liability according to General principles of civil law Product quality law Consumer protection law Drug Administration Law and the tort liability act Tort liability act regulations,Product liability is a special tort,The principle of strict liability,While drug belongs to the product category,of course, is suitable the strict responsibility,Corresponding constituents including drug defect,The causal relationship between the facts of damage as well as the two.The defects of drug, is the core to bear tort liability of defective drugs. Because the main drug defects caused damage should bear tort liability ofdefective drugs mainly include producers and sellers,"Tort liability act" In the medical damage liability will be also incorporated into the subject to bear responsibility of defective drugs."Tort liability law" does not provide product liability defense, Defective drug liability defense for "provisions of the product quality law" The legislation of tort in contrast to the developed countries of drug, Combined with the Tort Events emerge in an endless stream of Chinese drugtort legal status and practice, The main problems existing in our country’s defective drug torts embodies in five aspects:The first, Defect defined standards lack of rationality; Second. Defects of drug liability principle is not clear; Third. The nature of liability of medical institutions are defined by mistake; Fourth. The development of risk defense controversial; Fifth. The legislation was not established drug liability. The root searching problem can have a definite object in view, According to the problems in China’s defective drug sinfringement, Specific recommendations are as follows:One is the defects of drug should be used to judge "unreasonable danger"standard, and divided into specific types of defects; Two according to the type of drug defect using different imputation principle; Three is the medical institution shall not bear the responsibility of defective drugs; Four is the defects of drug tort should be the development of risk defense asexemptions; Five is the development of drug safety special law.