涉外药品责任的法律适用_论文.docVIP

Abstract With the progress of science and technology and development of international trade, one of the special products -drugs enter into the international market. This circulation enriches the drug market, brings the gospel for patients with diagnosis and treatment of disease, but it also objectively brings foreign drug torts liability issues. A lot of drug liability accident has not belonging to the medical malpractice, but belongs to the category of product liability, because of the defects drugs itself. Firstly, the author tries to define the meaning of responsibility of foreign medicine, drug and drug liability, analyzes the special nature of drugs and drug liability, and proposes the importance of the study of the applicable law of foreign drug liability. Secondly, the author discusses the reasons of foreign drug liability legal conflict in three aspects-the drug import and export among nations, one nation’s recognition of another nation’s and the differences of drug liability acts, and summarizes the main forms of liability law conflict. Thirdly, the author discusses the legislation and practice of the applicable law of foreign drug liability, selects the United States, Switzerland, England as representative, analysis the order and the characteristics of the Convention on The Law Applicable to Prodaces Liability about the applicable law of products, and talks about China’s position. Last, the author returns to China’s relevant provisions, discusses its development and reveals Chinas current legislation problems. Based on these analysis and the national conditions of our country, the author put forward some proposal to improve Chinas the applicable law of foreign drug liability. Key words ： foreign drug liability; conflict of laws; the most significant relationship; the protection of the weak 引言 药品责任是特殊的产品责任，在具备普通产品责任的共性之余，又存在着其 自身的特性，如缺陷的认定、因果关系的证明等。随着国际贸易的发展和科学技 术的进步，药品的跨国流通丰富了各国药品市场，为患者诊断和治疗疾病带来了 福音，但是这也不可避免的带来了涉外药品侵权问题。 由于不同国家关于药品责任有着不同的规定，涉外药