The Cognizance Of Causality On The Drug Tort Cases

In recent years, the drug tort cases increased gradually in the people’s court.The drug is different with other products,because of the risk of drug.Damage caused by the drugs is complex. With the ebb and flow of time, the complexity of the pathogenic factors, professional technical proof, the cognizance of causality in drug tort is difficult. Therefore, lots of countries developedmany special proof methods, providing the possibility of seeking the relief way for victims.At present,our country has not set specific <drug liability law>to protect the victims of the drug infringementon the legislation.In the judicial, the distribution of burden of proof is difficult,therefore, the victims ofdrug tort cases tend to bear the risk of losing. And,because of the causal relation proof standard is not unified, different sentence in the same case often happens.In order to protect the legitimate rights and interests of victims, to maintain fairness and justice,the causation of pharmaceutical infringement thinking are put forward.The casesin this articlelead to the particularity of causality of the drug tort. And it analyzes the experience of the causality identified in this articlein other countries. On the legislation, itmakes suggestions to set specific <drug liability law>.And,in the judicial,the rules of the burden of proof upside downis put forward. Finally it also draws lessons from foreign theory of causation cognizance to analyze the shortage of the drug tort cases in Chinain order to better protect the victims of drug tort cases in our country.