Comment On The Case Of Wu With Medical Institution And Armaceutical Manufacturers's Product Liability Dispute

In recent years,the issue of tort of medicinal products has become not only a hot topic now due to the wide application of the medicinal products in the medical activities,but also a problem which people have a strong response of.The liability dispute case here was just one of the many cases that consumer safeguard their legal rights through legal action.The bones of contention in this case were how to define if the drug " Shen Jie " which Hospital used on Wu was a drug of defect,and who will bear the burden of persuasion of the drug defet.Today,manufacturing methods which have different circulation become increasingly sophisticated in an increasinglycrowded market for product.So Product Quality Law in China should pay more attention to the refinement of product liability.By establishing different connotations and standards on different types of product,especially emphasizes the principle of burden of proof and emphasizing the principle of burden of proof,we will have a better legal environment.The related law system in China are very imperfect,neith er protect the victim's interests,nor assign the parties' responsibility justlt.The regulation about drug defects liability should be reconstructed scientifically and rationally,for the current law absolutely can not achieve the objectives mentioned befor e..At the same time,more attention should be paid to the protection of the interests of consumers,it is not for the defective products,manufacturers also need to take the product recall system to implement the service obligation.Government,pharmaceuticalproducers and the insurance companies should be together to establish the risk sharing mechanism to reduce the compensation liability on medical institutions.