药品监管领域构建公益诉讼制度的思考

Thinking about the Establishment of Public Interest Litigation System in the Field of Drug Supervision and Administration

目的:为在我国药品监管领域建立公益诉讼制度提供参考。方法:采用文献查询和综合分析的方法,并借鉴国外立法经验,提出建议,同时给出诉讼模式的设想。结果与结论:为改善药品监管领域的不良状况应当在该领域建立公益诉讼制度,其设计所涉及的重要方面有受案范围、起诉主体、管辖等。同时,结合我国药品监管的特点,应考虑执业药师与执业药师协会的诉权、诉讼前置程序、实际损害发生前提起诉讼等方面。

OBJECTIVE： To provide reference for the establishment of public interest litigation system in the field of drug supervision and administration in China.METHODS： The relevant literature was referred and a comprehensive analysis was conducted,and the foreign experience in legislation was learned.Then,some advices about the system were given and the assumption of litigation pattern was put forward.RESULTS CONCLUSIONS： It’s necessary to establish the public interest litigation system to improve this bad situation in the field of the drug supervision and administration.This litigation system can be designed in such aspects as the scope of accepting cases,prosecutor,jurisdiction,etc.Based on the characteristics of drug supervision,some aspects should be considered,such as the right of litigation of the licensed pharmacist and the licensed pharmacist association,the prepositive procedure of litigation,lodging a complaint before the occurrence of actual damage,etc.