Human trial infringement cannot be completely equivalent to medical damage infringement.From the perspective of the interpretation theory of the tort liability edition of the"Civil Code",there are two ways for subjects to seek compensation.Firstly,therapeutic human trial infringement can be treated as medical damage tort;secondly,non-therapeutic human trial infringement can only be based on treatment of general infringement clauses.However,regardless of whether it is a therapeutic human trial or a non-therapeutic human trial,the legal subjects are similar,but they are regulated according to completely different rules.Is this reasonable?In addition,subjects in human trials always meet higher risks and need higher standards of informed consent,etc.These aspects make it different from normal medical tort damages.The current"Civil Code"is difficult to provide a reasonable explanation for this issue.To facilitate human trials subjects,seek infringement paths to protect their legitimate rights and interests,we can set up a different basis for the claim or clarify in the judicial interpretation that there are differences and similarities between human trial infringement and medical damage infringement.
tort of medical injuryinfringement of human trialsinformed consent
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