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关于医疗产品责任的归责原则,我国在理论上经历了一个由过错责任原则到无过错责任原则的演化。自1986年的《民法通则》开始,到后来随着《产品质量法》的颁布实施,产品责任的无过错原则成为通说,关于医疗产品责任也是如此。而输血感染致人损害归责原则到目前还都是众说纷纭,但依我们《侵权责任法》的规定,显然目前认为应采用无过错责任原则。
As to the principle of imputation of medical product liability, our country has undergone a theoretical evolution from the principle of fault liability to the principle of no-fault liability. Since 1986, the “General Principles of Civil Law” began, and then with the “Quality of Products Act,” the promulgation and implementation of the principle of no fault of product liability has become the general say on the responsibility of medical products as well. However, the principle of liability for damage caused by blood transfusion is still controversial so far. However, according to our “Law on Tort Liability”, it is clear that the principle of no-fault liability should be adopted at present.