药物临床试验中民事责任探析

The Analysis on the Civil Liability in the Field of Drug Clinical Practice

药物临床试验是由申办者、研究者和受试者共同参与的一项实验性医疗行为。申办者与研究者应当对受试者因试验引起的不良后果承担共同民事责任。其中,因研究者的过错造成的损害后果,申办者也要基于安全保障义务承担补充责任。补充责任的承担有利于受害人的损害能得到及时完全的赔偿。

Drug clinical practice is an experimental medical action in which the applicant, researcher and volunteer participate together. The applicant and researcher should be jointly charged with the civil liability resulted from the volunteer＇s kickback caused by the practice. Therein to, even for the damage consequence due to the researcher＇s fault, the applicant should bear complementary liability according to safety-guard duty. Bearing of supplementary responsibilities makes for that the damages to the victim can be compensated completely in time.