Study On Tort Liability Of Drug Defects

Drug safety relates to our health and lives of everyone.In recent years,harm that due to drugs' defects happened frequently?Drug defects pose a serious threat to the public. Many countries have already focued on civil liability of drug and legislate law to regulate.But we don't have specific legislation of drug defects. In judicial practice,we primarily base on "Civil Law" ?“the tort liability law” and “pruduct liability law”, there is a lot of confusions.The article elaborates tort liability of drug defects' basic questions. It talks about identify of drug defects and proposes defect determination method that "mandatory standards" and "unreasonably dangerous".Drug defect includes:design defects,manufacture defects,warning defects and observing defects.I claim that depending on the type of defect applies different standard of “unreasonable danger”.In the field of indentify of liablity,I advise break single principle of strict liability system and build principle system that base on defects' types. Because of particularity of drug defects' causality,I recommend adopte “presumption of causation”theory. In the field of liablity undertake, article chanllenges the status of medical institutions.It should not be considered as a bearer of unreal joint and several liability. When liablity subject are not sure,we can introduce “market share theory”to solve it.Considering economic and social development situation and the pharmaceutical industry'developement,I think we shoud support development risks defense.After a series of analysis of tort liability of drugs' defect, I make recommendations to improve our defective drugs tort relief system.I advocate establish a diversified relife system including tort compensation,liability insurance and national relife to solve current prolems in the field of durgs' defects liability tort.