Discussion On The Judgment Of Tortious Liability In Good Clinical Practice

Good clinical practice exist significantly different,it is a special medical practices. Good clinical practice are unpredictable high-risk subjects in which the practice will be a variety of adverse reactions, it may cause damage to the body in general or irreversible structural damage. In Judicial practice, the judgment of infringement liability for divergence, the judgment will be different in the same case. Because of the lack of legislation, the rights of good clinical practice participants, especially after informed consent and the right to life and to health is not to infringe on fair and reasonable judgment.The main content of the paper is divided into six parts. The first part is an introduction. The second part introduce to the legal relationship between the legal nature and specificity of good clinical practice, which is an important prerequisite for further discussion of judgment of tortious liability in good clinical practice. The third part discusses the legislative and judicial status quo of judgment of tortious liability in good clinical practice. The fourth part elaborate the international comparative good clinical practice experience tortious liability recognized for our practice, the good finds tortious liability legislation and judicial practice perfect reference. The fifth part discusses the judgment of tortious liability in good clinical practice in the following aspects were analyzed in detail: tortious type, tortious liability is the principle of judgment, identify causal analysis, fault analysis and identification disclaimer defenses. The sixth part put forward the legislation and judicial practice recommendations for good clinical practice.In Conclusion: The principle of presumption of fault and the statutory standard of conduct should be applied to judgment of tortious liability in good clinical practice, causality should use the "probability of causality" to judge strictly grasp exemptions.