Research On The Tort Law Of Drug Clinical Trial In China

Drug clinical trial plays an irreplaceable role in the development of the world medical level.It is a battlefield for human beings to fight against all kinds of diseases and a stage for human beings to advance to a healthy life.Human beings have made great health gains through clinical trials of drugs.However,it is undeniable that drug clinical trial is also a double-edged sword.While human beings harvest health results through it,they also sacrifice the legitimate rights and interests of many subjects without effective protection.Nowadays,drug clinical trial infringement cases occur in an endless stream,which has also aroused widespread attention of the public.Because of the lack of legislation in drug clinical trial infringement cases in China,the concept of drug clinical trial is not clear,the standard of liability division is not clear,the scope of application of the rules is controversial and other problems occur.As a result,the subjects are not only in a relatively weak position,but also unable to obtain appropriate and reasonable compensation due to insufficient protection of their rights and interests.In this paper,the basic concept of drug clinical trial tort is defined,and the constitutive subjects of drug clinical trial are discussed from the categories of liability division,constitutive elements and other factors,as well as the forward direction and shortcomings of China’s legislation in this field.In the case of drug clinical trial tort,the dispute of liability division and the application of the principle of imputation are discussed in detail in this paper.This article also refers to the domestic and foreign advanced ideas and excellent ideas in the legal establishment,and China’s legal field for the infringement of the liability division and the amount of compensation clear legal provisions.Through the detailed division of the tort liability of drug clinical trial,the rationality of determining the scope of compensation and the reasons of exemption were explained.On the other hand,the author thinks that,the protection of subjects not only confined within the scope of the drug clinical trial,should expand beyond the current scope of tort liability,establish and improve the relevant insurance system,to guarantee the subjects’ physical and mental health,improve the rights damage compensation,thus achieve the goal of modern medical service beneficial to mankind.