Research on the Legal Issues of the Compulsory Liability Insurance System for Drug Safety

Authors

  • Yidan Dong

DOI:

https://doi.org/10.54097/65m7bn35

Keywords:

Drug Safety, Compulsory Liability Insurance, Legal Regulation.

Abstract

As an important legal tool in the field of drug safety, the role of the compulsory liability insurance system for drug safety is mainly to regulate various risks in the field of drug safety through the precautionary principle, and at the same time, it is also to fully protect the legitimate rights and interests of relevant patients to receive timely relief due to drug damage. Through the theoretical review of previous studies, it can be seen that there are still relevant deficiencies in the compulsory liability insurance system for drug safety. Based on this, this paper intends to innovate and improve it from the following paths, and strive to give full play to the original utility of the system: reinterpret the conceptual connotation of the compulsory liability insurance system for drug safety, analyze the new application mode of public compulsory liability theory and market failure theory in the field of drug safety, learn from the good experience of typical countries in the field of drug safety, and then improve the compulsory liability insurance system for drug safety. To improve the compulsory liability insurance system for drug safety, it is necessary to clarify the basic concept of drug damage, clarify the scope of application and the reasons for exemption, analyze the role and operation mechanism of the insurance subject, and construct the insurance rate system and the division of liability, so as to achieve the most ideal effect.

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References

[1] Li Xiaolin, Jiang Chenxia. A brief analysis of the development of China's production safety liability insurance [J]. Finance and Management, 2024, 8 (5): 4-6.

[2] Zhao Yixuan, Lin Hongchao. Towards third-party risk regulation: functional transformation and system improvement of production safety liability insurance [J]. Administrative Management Reform, 2023, 11 (11): 62-71.

[3] Jingshu L, F. M G. Does Public Health Insurance Expansion Influence Medical Liability Insurance Prices? The Case of the ACA’s Optional Medicaid Expansion [J]. North American Actuarial Journal, 2023, 27 (3): 508-529.

[4] Lebihan Laetitia. The impact of a mandatory universal drug insurance program on health behaviors and outcomes. [J]. Health economics, 2023, 32 (9): 2006-2046.

[5] Zhao Jing, Cai Wei, Ruan Jing. Research on liability insurance for drug marketing authorization holders based on drug defects [J]. China Pharmaceutical Industry, 2023, 32 (03): 7-11.

[6] Shao Rong, Cao Lijun, Xie Jinping. Model analysis of the liability capacity of drug marketing authorization holders [J]. China Food and Drug Administration, 2022, (04): 12-19.

[7] Li Yixin. Improvement of the compulsory execution system of government public institutions in my country [J]. Journal of Jinan University (Philosophy and Social Sciences Edition), 2023, 45(06): 70-80.

[8] E. E B, Elena K D. Responding to failure: the promise of market mending for social enterprise [J]. Public Management Review, 2021, 23 (5): 641-664.

[9] C M J, Herman W V, Anja G, et alSafety of Anthroposophic Medicinal Products: An Analysis of Adverse Drug Reactions from German Pharmacovigilance Databases. [J]. Drugs - real world outcomes, 2021, 8 (4): 1-13.

[10] Zhang Dan, Lv Jintao, Song Haibo, et al. Research on drug risk communication conducted by drug regulatory agencies in Europe, America and Asia [J]. Chinese Journal of Pharmacovigilance, 2021, 18 (09): 845-849+854.

[11] Meng Kangkang, Sun Nan, Dong Duo. Research on the post-marketing monitoring and evaluation system of Japanese drugs [J]. Chinese Journal of Pharmacovigilance, 2021, 18 (10): 944-948.

[12] National Adverse Drug Reaction Monitoring Annual Report (2023) [J]. Chinese Journal of Viral Diseases, 2024, 14 (03): 204-210.

[13] National Adverse Drug Reaction Monitoring Annual Report (2022) [J]. Chinese Journal of Viral Diseases, 2023, 13 (04): 245-251.

[14] Kovac M, Datta S, Spruk R. Pharmaceutical product liability, litigation regimes, and the propensity to patent: an empirical firm-level investigation [J]. SAGE open, 2021, 11 (2): 21582440211009470.

[15] Jia Xiayi, Zhu Yanbing, Fang Yu, et al. A preliminary study on the insurance model of adverse drug reaction damages compensation in my country under the MAH system [J]. Chinese Pharmacy, 2021, 32 (02): 151-157.

[16] Guerriaud M, Siranyan V. The Proposal for a Directive on Defective Products: A Game Changer for Innovative Medicinal Products. [J] European journal of health law, 2024, 11-15.

[17] Wang L. Analysis of the Concept of Force Majeure in the Context of the PRC Civil Code [J]. Academic Journal of Management and Social Sciences, 2024, 7 (1): 74-76.

[18] Delia C, Freddy D. Fairness principles for insurance contracts in the presence of default risk [J]. Mathematical Finance, 2022, 32 (2): 595-626.

[19] Di W, Liangju G, Saipeng X. Compulsory liability insurance and excess cash holdings: Evidence from China [J]. International Review of Financial Analysis, 2024, 91: 103011.

[20] Feng Zhengyang. Research on the compulsory insurance system for food safety liability [J]. Food Safety Guide, 2023, (22): 10-12+16.

[21] National Adverse Drug Reaction Monitoring Annual Report (2023) [J]. Chinese Journal of Viral Diseases, 2024, 14 (03): 204-210.

[22] Sourour S B, Mhamed L, Aymen A. Corporate social responsibility and credit rating: evidence from French companies [J]. Review of Accounting and Finance, 2024, 23 (3): 330-352.

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Published

09-12-2024

How to Cite

Dong, Y. (2024). Research on the Legal Issues of the Compulsory Liability Insurance System for Drug Safety. Journal of Education, Humanities and Social Sciences, 42, 60-68. https://doi.org/10.54097/65m7bn35