Research On Damage Compensation Liability For Children In Clinical Trial

The development of pediatric medicine is inseparable from clinical trials,because clinical trials' uncertainty and high-risk characteristics,and there is no special laws and regulations on children' tort liability,lacking of accountability system,it's difficult to recruiting children subjects in clinical trials,therefore,the development of clinical trials and pediatric medicine is hampered seriously.In our judicial practice,it is not uncommon for children subjects that equity impaired because of clinical trials,children subjects can choose liability for breach of contract and infringement liability to relieve when they rights are damaged,however,in order to protect children subjects better,we should choose tort liability.When determining children subjects' doctrine of liability fixation in infringement liability,we should apply different doctrine of liability fixation according to the subject of liability from the perspective of protecting children subjects.Moreover,we should determine children subjects' damage compensation infringement liability from the fault identification standards,forms of infringement,causation criteria and damage facts.when it comes to the burden of tort liability,we should consider the subject of liability,the scope of responsibility,the burden of proof and its distribution defenses.Because the tort liability legislation to relieve children' rights and interests is lagging behind,we should learn the legislation experience of protecting children' from the world and regional.To further improve relevanted relief laws of children' legal rights and interests,we should consider the tort law,juvenile protection law,and other related laws and regulations.To improve children subjects' tort liability system,we should establish children subjects' imputation principle system in tort liability,and clear compensation scope and main body of tort liability.