药品不良反应损害救济机制探讨

Discussion on Relief Mechanism of Injuries Caused by Adverse Effect of Drugs

药品不良反应损害是否应当救济,或在多大范围内救济,采用何种方式救济?这一系列问题都需由法律予以判断和裁决。而我国现行法律制度对药品不良反应的法律责任规定缺位,亦无相应的损害救济制度,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或赔偿。文章通过比较药品不良反应各类救济制度,认为采用保险基金制度来建立药品不良反应救济制度是一项有效的途径,同时对我国药品不良反应救济制度的建立提供了初步意见。

Should the injuries caused by adverse effect of drugs be gotten relief？ Or to what extend relief it would get？. How to carry out relief？. All these issues need judgment and ruling according to law. Now the existing law system does not stipulate the law responsibility of adverse effect of drugs and there is not corresponding relief system of injuries caused by adverse effect of drugs,so consumers for injuries caused by adverse effect of drugs and other corresponding persons could not get compensation. Through comparing different relief systems of injuries caused by adverse effect of drugs, the author thought insurance system was an effective way to establish relief system of injuries caused by adverse effect of drugs. At the same time, the paper gave some suggestions about how to establish Chinese relief system of injuries caused by adverse effect of drugs.