Compulsory Liability Insurance System Of Drug Infringement

The 32 nd World Health Assembly passed "Almaty Declaration”, it clearly stated: the health is a basic right to human person. Undoubtedly, in daily life, drugs occupy an important position in the field of relating to the life and health, but the rapid development of the economic and the technological, not only provide more assured protection for our life and health, the increasingly serious drug violations but also threaten our lives and safety, provoking the sensitive nerve root of "right to health". Because of the drug is different from general merchandise, which is makes by complex chemical components, without proper labels and instructions, even then consumers have a pair of excellent eye, also can not known the side effects and adverse exactions. Once the drug did not achieve the treatment efficacy at the beginning of it was produced, harmful consequences are unbearable for drugs users.In recent years, personal injury cases due to defects drugs is increasing, a series of shocking infringement of drugs due to increasingly worried about the safety issues of drugs. Drugs is a "double-edged sword”, it is saving lives while also threatening the lives and safety of users. In 2010, the victim Li dying for multiple organ failure, after taking Novartis anti-HBV drugs for year. Family of the deceased would be taken Beijing Novartis Parma Ltd to court, although ultimately found Li‘s death is taking telbivudine(name "prime than V"), but the damage has been irreparable consequences.Faceing with increasingly serious drug violations, how to build a system to relief victims of violations of drugs is a serious problem. Drug infringement cases continue to occur, not only torturing the drug company’s’ conscience, but also questioning the relevance of existing legal and institutional. How to maximize the protection of the interests of victims, how to achieve the overall value of the society?The new "Drug Administration Law" has no breakthrough in the relief of social, protect the legitimate rights and interests of consumers need to improve the corresponding national laws and regulations, but the law of the lag in relief of a major disaster or emergency event cannot be play a timely role, after experiencing a long period of litigation, not to mention the victims can also get compensation or compensation, even if they win, victims endure unimaginable pain during the proceedings, some even maimed for life.Therefore, the law is no longer able to meet the demand for consumer protection; while for the drug producers, once a wide and serious of drug violations occur, companies will be punished for hefty fines and even make some new business died overnight. Facing with pressing issues such as this, relief is slightly different for national systems, or relies on the market, or relies on the state, or a combination of both. Through the relief measures taken by the various countries of the injury events were analyzed, and according to the actual situation of the injury event occurs, drug tort liability compulsory insurance system is more suitable for our country at this stage. Construction of the system cannot simply copy the particularity of other country’s experience, we need to consider more problems when design drugs tort liability compulsory insurance, put forward the regulate to run the drug tort liability compulsory insurance system‘s recommendations, to improve our insurance system and the management system of the drug.