Study On The Compensation And Compensation Of The Subjects In The Experiment Of Human Body

The extensive application of human trials has played an irreplaceable role in the development of medical treatment methods and means.The exploration of the unknown field,there are advantages and disadvantages.The risk of the test,the lack of expertise in the subject so that it is in a weak state.Coupled with the arrival of the era of the business,the subject is more and more damage to life and health.The legal issues in human trials have been widely concerned by the legal profession,but the research perspective is stuck in the principles and ethical examination,which can not play a substantial role in the protection of the rights and interests of the subjects.Is it better for our country to test the damage done to the subject? Increasing year by year.The proposal is changed into a comma,which requires the academic circles to study the protection of the rights and interests of the subjects in the human experiment from a specific level,and to enhance the feasibility of the protection of the rights and interests of the subjects.Human trials of the high risk of indisputable facts and the subjects in the experiment of the right to life and health damage cannot be avoided,the subjects of life and health once suffered damage of illegal criminal responsibility,administrative responsibility,civil liability,the responsible person is inevitable.For the civil liability,in practice,the subjects are generally with the responsible person to negotiate,but once the consultation fails,litigation is the most important way of relief.The author based on the difference of human test and traditional medical behavior and the current legislative status in human trials in the proceedings,to analyze the legal problems of drug action in human trials include: human trials in litigation by subjects that how to prosecute on the basis of how to allocate the burden of proof,and the causal relationship should be how to identify.It is pointed out that the current judicial practice in human trials litigation facing the contradictory evidence,and a comprehensive analysis on the victim subjects how to compensate for the issue of compensation,the author puts forward suggestions on the scope of compensation and the compensation standards,to the interests of the subjects engaged in protection to cut home security,ensure medical progress at the same time the subjects of the legitimate rights and interests of comprehensive and timely relief.I think we should establish litigation mechanism belongs to human trials of dispute,which is identified from the traditional medicalbehavior disputes under the standard of detachment for the victims of the subjects to reduce litigation threshold,provides a more comprehensive and effective protection,not only to compensate the damage suffered by the body,it should establish a mechanism to provide more insurance compensation suffer from health problems and life in the long-term,refined compensation content,lower standard of compensation.