The deputy to the National People's Congress proposes: Make medicines and hurt responsibility investigation and relieve the law as soon as possible

The deputy to the National People's Congress proposes: Make medicines and hurt responsibility investigation and relieve the law as soon as possible
Several years ago, what a company of Germany produced lowered the medicine of fat of blood and " visited Sri Lankan to stop " To the medicines bad reaction take place to global numerous users. After incident happen, U.S.A., victim of Germany hurt, relieve law, obtain, compensate for while being great amount of according to national medicine. Our country a lot of victim because of " Visit Sri Lankan to stop " Sanction importing after medicine supervises the department to examine, but not been compensated. "Chinese patient can't hurt ' the major part of wrong ' in the incident as medicines. " The institute law professor representative Wang MingWen of Xichang of Sichuan, say angrily when being interviewed by staff reporter, current medicine of our country hurts and infringes civilly to relieve the obvious deficiency that the system exists, fully show in this case. "The disappearance of the law, has influenced the victim of our country to obtain fair and reasonable route and chance that relieves directly. " Wang MingWen passes a reporter a proposal with 20 page more than. Topic of this proposal is: <>,Reach 12,000 words, the legal draft enclosing the strings of chapter 29 7 proposes the draft. It is very difficult for the law on product quality to investigate medicine hurts a responsibility reporter and looks through law of medicine management and implementing method of our country, laws and regulations such as general rule of the civil law, law on product quality, Law on the Protection of Consumers' Rights and Interests, civil procedure,etc., have not seen either " Medicine is hurt " These two words. "' medicine is hurt ' to refer to because uses medicines that legal enterprises produce or sell to produce the bad reaction properly, cause death, deformity, serious disease or accident that the other life damages. " This is given by a king bright Wen " Medicine is hurt " Definition under. "Medicines, as a kind of special goods, function and risk coexist. " Wang Ming Wen says. At present, because there is no special medicine to make and infringe to relieve the law, the injured patient of our country can only seek to relieve according to the provision that the products infringe of the law on product quality. But the law on product quality only has a corresponding treatment regulation on bodily injury caused by defect of the products, difficult to define to belong to the defect of the products to the medicines bad reaction. The law on product quality still stipulates: Producers still can't find what exist in defect needn't bear responsibility while throwing the products into the scientific and technological level when circulating. When the medicines bad reaction takes place, even if medicines are asserted that there is defect of products, the medicines manufacturing enterprise knows Israel too " The medicines bad reaction is unpredictable " To evade compensation responsibility, the law on product quality of patient's very difficult basis is relieved. "This kind of method to ignore particularity of medicines, has already produced a great deal of disadvantages in practice. " Wang MingWen says, " visits Sri Lankan to stop " The incident is a clear proof. Medicine should decrease a compensation ten at least while hurting the responsible person " the patient fall ill and buy medicines, that expected is that the body recovers. " Wang MingWen says, the serious bad reaction of medicines takes place, has not not merely cured disease, make the patient afford enormous injury and loss on the body, spirit, property instead. It is reported, some foreign developed countries have already had similar legislation. The medicines law of Germany stipulates clearly, the damage that the medicines manufacturing enterprise should cause to the medicines bad reaction is compensated, and require enterprises to insure for product liability or offer the finance to assure by force, when in order to hurt, patients can get the abundant relief in time, enterprises will not be bankrupt either. U.S.A., Japan, through setting up the special fund for relief, disperses the responsibility risk for producing enterprise of medicines too, offer relief to the patient. For this reason, Wang MingWen proposes, the Standing Committee of the National People's Congress should make medicines and hurt responsibility investigation and relieve the law as soon as possible, protect the people's life and health conscientiously, have effects to the legal dispute produced by this. Wang MingWen proposes, makes the responsible person strengthen punishing compensation to medicine, can be consulted in the food safety law that the Standing Committee of the National People's Congress has just passed " Decrease a compensation ten " Stipulate, allow victim's at least applicable and same compensation standard. Prevent after medicine takes place to make and go bankrupt to happen medicines to hurt to because pharmacy enterprises, will pharmacy enterprises be as bankrupt as three deer from? "Can disperse the mechanism to solve this problem through setting up effective risk. " Wang Ming Wen says. In order to improve one's own proposal, while specializing in the relevant laws of some developed countries, Wang MingWen find, there are two kinds of foreign medicines makes and relieves modes: One kind is to set up relief foundation; Another kind is the products liability insurance system. "According to the situation of our country, the above-mentioned two kinds of modes can choose one, can cooperate and use too. " MingWen Wang propose in this way disperse to single risk of enterprise to the whole trade, all enterprises and the whole society take risks together.

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