Study On The Responsibility Of Pharmaceutical Preparations In Medical Institutions

For the first time,the current law separates the liability for medical damage into a single chapter,namely Chapter VII of the Tort Law,and the corresponding medical product liability is also stripped from the product liability chapter in Chapter V to form Article 59,maintaining relative independence.The normative value of medical institutions is even more prominent,thus responding to the question of whether theoretically product liability should be applied in the field of medical institution preparations.However,the development of the product liability system objectively severely restricts the further development of the medical product liability system.In particular,the ambiguity in the definition of many concepts directly leads to theoretical differences,which in turn leads to the situation of different judgments in the same case.In the field of medical institution preparations,the clarification of the scope of "products" and "medical products" has a direct bearing on the qualitative nature of medical institution preparations,and thus affects the responsibility of the main body of medical institution preparations responsible for the harm.Therefore,it is urgent to reorganize the basic theory.Article 59 of the Tort Law provides for the liability of medical products.The legislators juxtaposed medical institutions with producers,blood providers,and the other three entities,clarifying the role of medical institutions in the responsibility for the harm caused by preparations in medical institutions because the imputation of medical institutions is crucial.The Civil Code of the People’s Republic of China(Draft)(hereinafter referred to as the "Draft")maintains the provisions of the "Infringement Liability Law" and incorporates "pharmaceutical marketing permission holders" into the scope of the responsible subject.It is more about exploring its responsibility from the perspective of criminal law or administrative law,and it has farreaching significance to regulate it in civil law.However,the preparations of medical institutions are not generic medicines and more general products.As the owners of medical institution preparations,"hospitals" cannot become the holders of marketing authorization for medicines.Based on the inherent relationship between the product liability system and the medical product liability system,some scholars believe that the liability of medical institutions is the same as that of general producers and sellers.However,the special nature of medical institution preparations and medical institutions makes us have to distinguish treat.In this paper,the six medical institution preparations are divided into three categories through in-depth analysis of scenes and types,and further analysis clarifies the responsibility of medical institution preparations for medical institutions and state responsible parties caused by responsibilities.From the perspective of medical institutions,based on clarifying the liability of medical institutions’ preparations for damage,the focus of the punitive compensation system for medical institutions’ preparations for damages is the focus,and further discussion of the way of medical institutions’ liability is assumed.Punitive compensation can be applied for damage caused by ordinary drugs or products,and the double punitive compensation in the Consumer Rights Protection Law(hereinafter referred to as the "CPL")is the limitation of compensation concerning Article 47 of the Tort Law.On the premise of ensuring the healthy and stable development of the medical industry,to fight for the greatest benefits for patients,mental damage compensation and punitive compensation can be applied at the same time,for the benefit of society and individuals.However,based on the peculiarity of medical institution preparations and the application of punitive damages in the field of medical product damage,the mere application of punitive compensation rules is no longer applicable,and the liability for medical institution preparations damage compensation should be reduced,for example,the actual damage when the defective medical preparation is severely damaged should be fully compensated.Furthermore,for cases where the punitive compensation system cannot be applied but should be regulated,in addition to the compensatory compensation,the extent of the actual damage and the damage should be combined with People ’s economic conditions,subjective faults,and other factors.As a result,it will replace “knowledge standards” with “criminal gross fault standards” and reduced the amount of punishment accordingly.