The Analysis of Defective Drug Tort Liability of Drug Producers
|School||Chengdu University of Traditional Chinese Medicine|
|Keywords||Drugs producers Defective drugs Tort liability|
Drugs producers is at the beginning of the medicine circulation process, and drugs are under their supervision and control, so they can control the most quality of drug. In a particular subject status, the drug producers in the judicial practice is often the sued object. In this paper, on the basis of the combination of drugs particularity of defective drugs and the specific performance and identify standard,analyzed the tort liability drug producers should bear, when defective drugs lead to victim damage.The article consists of three parts, its contents are as follows:The first part is the introduction of domestic and international legal norms and practice on drug producers.Introduced the provisions of defective drugs and pharmaceutical producers should bear in Germany, France, Japan and the United States. On the basis of comprehensive analysis of the laws and regulations of China involving defective drugs, drug tort liability and pharmaceutical producer responsibility, indicated the necessary for the research on the pharmaceutical producers defective drugs invasion rights obligations.The second part, introduced the defective drugs and defective drugs tort liability. On the basis of the analysis of the product defect theory, summarized the type and nature of defective drugs and defective drugs,in which the defect drugs are divided into the design defects, manufacturing defects, warning defects, marketing defects, using defects.Finally, analyzed the special nature of the defect pharmaceutical tort liability.The third part, investigated the defective drugs tort body and the pharmaceutical producer defect drugs tort liability analysis. Firstly, classified the defective drugs infringement main responsibility,and analyzeddrug producers identify and scope; Secondly, the drug producers defect drugs tort liability principle, is not responsible,mitigate the responsibility and liability form were analyzed and summarized.