论文部分内容阅读
目的:探讨药品不良反应损害补偿的理论依据及法律责任。方法:通过查阅国内外相关文献进行综合比较分析并总结,简要介绍药品不良反应损害补偿理论依据的主要学说。结果:国外药品责任经历了由过失责任向无过失责任的演变,已有立法建立相应的药品不良反应损害补偿制度。我国现行法律制度对药品不良反应的法律责任规定缺位,亦无相应的损害补偿制度,受到药品不良反应损害的消费者或其他相关人员因而难以得到补偿。结论:我国也应按无过错责任原则建立药品不良反应损害补偿制度,以维护社会的正义和公平。
Objective: To explore the theoretical basis and legal responsibility of compensation for adverse effects of drugs. Methods: By referring to relevant literature at home and abroad for comprehensive comparative analysis and summary, briefly introduce the main doctrine of theoretical basis of compensation for adverse effects of adverse drug reactions. Results: The responsibility of foreign medicines has undergone a transition from fault liability to faultless liability, and legislation has been established to establish a corresponding compensation system for damage caused by adverse drug reactions. The current legal system in our country lacks legal liability provisions for adverse drug reactions and there is no corresponding compensation system for damages. Consumers or other related personnel who are harmed by the adverse drug reactions are therefore hard to be compensated for. Conclusion: Our country should also establish compensation system for damage caused by adverse reactions to drugs in the principle of no-fault liability in order to safeguard social justice and fairness.