Criminal Responsibility Research Of Producers In Drug Safety Incidents

Since the reform and opening up, China’s socialist market economy has been developed vigorously, the marketization of pharmaceutical industry is deeper than what it used to be. At the same time, large and small drug safety events are common. These drug safety incidents not only damage the country’s regulatory system for the pharmaceutical industry seriously, disrupt the social and economic order, but also harm the life, health and property rights of the public greatly.The phenomenon of inefficient management and disorder still persists in pharmaceutical producers. Due to the intentional or negligent acts of pharmaceutical producers in the course of drug production and circulation, the defective drugs access to consumer market cause the drug safety incidents consequently, which occupies a large proportion in the drug safety events caused by irrational drug use of doctors and patients. Therefore, it is important to protect the order of drug market and the legitimate interests of the public by combating undesirable producers relying on the national force."Criminal responsibility research of producers in drug safety incidents" is the topic in this paper, which analyzes problems that exist in producers from pharmaceutical research and development, production, distribution and other aspects. Afterwards, thinking the criminal responsibility and legal application and putting forward some practical suggestions and measures based on existing theories in order to safeguard the public’s life, health, property rights and the orderly development of the pharmaceutical industry.Drug safety management is systematic and complex, involving pharmaceutical research and development, observation after clinical use and so on. The subjects that may involve criminal responsibility are not only producers, but also include pharmaceutical sellers. Thus, the criminal striking for producers in drug safety incidents is only one way to contain the occurrence of these invents from the entire safety supervision system. Increasing the illegal cost of producers, which make the cost much higher than their ill-gotten gains to deter illegal producers by severe punishment in order to strengthen the protection of the quality of drugs at the beginning.Considering drugs are one kind of special products, drug safety events with characteristics of public nuisance are also gradually appear the trend of high amount, wide range, more victims, harmful consequences, bad social influence, and some may even turn into social and public events, while producers are involved frequently. So, how to apply the provisions of "criminal Law" and other relevant laws correctly to ascertain the criminal responsibility of pharmaceutical producers in drug safety incidents and put forward some practical suggestions is an urgent need in the field, which is focused on the content of this article.