Legal Research On Liability For Drug Defects

Drug safety is closely related to people's life and health.As the old saying goes,"it's three poisons of drugs".On the one hand,drugs can help us to cure diseases and strengthen our bodies,on the other hand,they can also cause damage to our people and property.In recent years,the number of drug-induced incidents is increasing,which has a great threat to people's life and health,so we have to pay close attention to it.Based on the background of defective drugs,there is no special legal regulation for defective drugs in our country.The author will use the relevant laws and regulations of foreign drugs for comparative study.In this paper,the author will be divided into five parts to discuss and analyze the drug defects.The first part mainly introduces the definition,classification of drug defects and their related concepts,as well as the different judgment standards of different types of defects through the study of literature.The second part uses case analysis method to explain the components of drug defect liability.The third part mainly discusses and studies the principle of liability fixation of foreign drug defects through comparative analysis,and advocates that the principle of liability fixation should be based on the lack of learning;the fourth part describes the main body of drug defect liability in practice and the specific reasons for exemption;the fifth part gives some individuals according to the current situation of China's legal regulation in the field of drug defect It is suggested that we should be able to legislate drug liability separately,apply the principle that special law is superior to general law in the future drug defect injury cases,and meet the legal requirements of judicial practice for drug defect liability regulation,which is more targeted.In this paper,the author mainly based on the product quality law and the tort liability law on product liability,and further discussed the relevant content of the drug defect tort liability.In practice,more and more drug harm problems can not be solved only by relying on the existing product liability legal provisions,so the author thinks that it is urgent to introduce the corresponding law for drug defect liability in China Laws and regulations to improve the application of law in the field of drug tort liability in China.