Research On Human Rights Medical Trial Tort Liability

At present,the human medical trials infringement cases in the judicial practice in an endless stream,by more and more attention.However,China's legislation in this area is flawed,there is no provision for human medicaltrial tort liability,resulting in the emergence of judicial practice,such as confusing human medical trial behavior and conventional medical behavior,the rules of the application of differences,causality and other issues the resulting in relatively weak status of the subjects in the proceedings are often unable to obtain due compensation,can not effectively safeguard their rights.In view of these problems,this paper puts forward the viewpoints on the application of the principle of attribution,the recognition of cause and effect and the scope of responsibility commitment in the tort liability of human medical trial in China from the concept,characteristics and constituent elements of tort liability of human medical trialand to elaborate.And draws lessons from the advanced legislation of foreign countries,it is pointed out that our country law should clearly distinguish between the human medical trial tort liability and medical damage liability,and make the principle of fault presumption in the principle of tort liability in the tort liability law;The causal relationship between causality and so on.At the same time,I believe that should also be outside the scope of tort liability to strengthen the protection of the subjects,the establishment of compulsory medical insurance system and human medical trial compensation mechanism.And strive to change the subjects in the human medical trial disputes in the disadvantaged position,so that the legitimate rights and interests can be the greatest degree of protection,to achieve modern medicine care for life and the purpose of the benefit of mankind.