Study On Legal Liability Of Drug Defect

Since the reform and opening up,China’s social and economic,and other areas of the elder brother have achieved great development,which,in the field of medicine,but also made remarkable achievements in our country,more and more effect good drugs to enter foreign market,improve the international competitive ability of our country.However,the development of things always twists and turns and forward,at the same time of these remarkable achievements,many problems are presented.Human ability to research and analysis of things always step by step,in the process of some drug research and development and production,there will always be some at the time of the horizontal could not have foreseen or even foresaw cannot solve,the disadvantages of these can lead to this kind of medicine there is a potential crisis.When this potential crisis happened,the relevant patient victims is not only damage on the physical skills,some even at the cost of life.So in the face of the case patients involved in the field of the victim benefit protection problem and the related drug research and development of the government,the production and sales of the authorities to take the nature of the liability to pay compensation,the law should give clear.This paper mainly divided into five parts,the content is as follows:First introduced the introduction,this part mainly discusses the research background and significance of this paper,and domestic and foreign research status quo of the problem,the paper introduces the overall framework;Secondly,this paper introduces the drug defects liability,mainly based on the concept and feature of drug and drug defects liability,the concept of characteristic and judgment method and so on has made the statement;Again,drug components of tort liability,the type of drug defect judgment standard and the causal relationship between damage fact and expounded;The fourth part of the article introduces the nature of the medical institutions,mainly discusses the nature of medical institutions,condition and existing problems,and to take responsibility and in view of the problems,proposed the rationalization proposal;Finally,this paper introduces the development of risk,in order to solve this problem are analyzed in theory,this paper analyses the causes of itas defense,analyzes the problems existing in the development of risk,and puts forward some feasible Suggestions.