论无过错输血感染的法律责任

Discussion on Legal Liability of Non-default Transfusion Infection.

目前,无过错输血感染在世界范围内引发了诸多的法律问题,其中,该感染的法律责任的承担更是当下研究的热点。上世纪80年代以来,西方国家对输血安全和输血感染的相关理论和实践经验,于我国有较高的借鉴价值。因此,从我国国情出发,对无过错输血感染应当适用无过错责任原则,同时建立健全相应保险和输血风险基金等制度,切实保护无过错输血感染受害者的合法权益。

Nowadays, there are many legal problems induced by non-defauh transfusion infection all over the world. And among the problems, legal liability of the infection is a hot topic. During the 1980＇s, related theories and practices with transfusion safety and infection were emerged in west countries, which had high mirror value to our country. Therefore, on the bases of our country＇ s situation, in order to safeguard legal interests of the non-defauh transfusion infected people, this legal liability should be judged by the principle of non-fauh. At the same time, the corresponding systems of insurance and transfusion VC funds should be established.