On Faults And Proofs In Clinical Pharmaceutical Trail Dispute

We have acquired lots of new knowledge on medical science because of the advancedscience and well-developed information. As well, clinical pharmaceutical trail has been knownby people gradually. However, the behavior of pharmaceutical trail brings series of risks anddamages and the disputes arise. Pharmaceutical trail is different from therapeutic behavior, thusthe relevant regulations haven’t reached the people’s expectation. Consequently, principles ofdetermining liability on pharmaceutical trail can’t come to an agreement in the field of law. Tosome extent, the principle of fault liability can be adapted to the dispute of pharmaceutical trailbecause of the external factors (burden for court and insurance allocation) and the interior factors(the social value of pharmaceutical trail behavior and subject’s assumption of risk). The faultscan be divided into fault on science, fault on ethics and fault on organization, which can be usedin different judging standards and proof methods. As for fault on science, taking specificity ofknowledge and partiality of evidence into account, we should adopt reasonable points fromresearchers on judging standards and proof methods on proving. As for fault on ethics, inconsideration of the risks for this behavior and the difficulty on testifying negative truth, judgingstandards of specific subject and the reverse of burden of proof should be used. As for fault onorganization, judging standards from general reasonable person and normal proof methods canbe available，since it deviates from medical knowledge. The consideration of fault factors isimportant to subject’s rights thus it measures the reasonability of sponsor and investigator’sbehavior. Moreover, it takes benefits of the whole patients and society into consideration. Takingjudging standards and proof methods during the specific operation brings the protective effect forthe disadvantaged subjects. As a result, it helps to the fairness and justice of law come true.