Research on Relief Mechanism of Transfusion Infected Person Without Fault

Fang Cheng

《World Scientific Research Journal》 7卷12期 (2021/12) Pp. 49-53

https://doi.org/10.6911/WSRJ.202112_7(12).0009

摘要

In recent years, infection cases of no‐fault blood transfusion have become one of the important issues that the society has paid strong attention to. After the implementation of the Tort Liability Law, the courts in different places and at different levels have different practices regarding what kind of imputation principle should be applied to such cases and how to allocate the burden of proof. As a result, patients may receive no compensation or less. In order to solve this problem, this paper will discuss how to establish a socialized sharing mechanism on the basis of studying the relevant foreign legal systems. Starting from the construction of insurance system, fund system and other systems, Combined with the existing socialized sharing mechanism of some cities in China, before the law has made provisions on this, the relief system should be built from the system level to ensure the patients' right to get relief.

關鍵字

Non‐default transfusion infection ； Socialized sharing mechanism ； Insurance ； Funds

參考文獻

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