输血是现代医学中一项重要的治疗措施。国务院、卫生部相继颁布了《血液制品管理办法》、《采供血机构和血液管理办法》,对预防和控制血液途径传播疾病,起了重要的作用。但是,实践证明经医疗采供血机构检验合格的血液输血后,仍有传染肝炎、艾滋病等疾病的可能。输血风险一旦发生,必然导致人身的病患和治疗问题,这一后果由谁承担,即是输血风险的责任问题。由于是新特殊问题,理论研究和司法实践中对此适用法律较为混乱:有主张按商品买卖追究“产品质量责任”;有的主张按消费者权益保护法来处理;有的主张按民法公平原则来处理;等等,不但观点各异,而且实际讼案处理也大相径庭。一、输血风险责任与产品质量责任产品质量责任是指生产者或销售者因生产、销售产品而给他人造成人身或财产损害的,依产品质量法有关规定所应 Blood transfusion is an important treatment in modern medicine. The State Council and the Ministry of Health have successively promulgated the Measures for the Administration of Blood Products and the Measures for Blood Collection and Supply and Blood Management, which play an important role in the prevention and control of diseases spread through the blood. However, practice has proved that the blood collected by the medical blood collection agencies has been tested for blood transfusion, there is still possible infection of hepatitis, AIDS and other diseases. Once the risk of blood transfusion, it will inevitably lead to personal illness and treatment problems, who bear the consequences, that is, the responsibility of the risk of blood transfusion. Because it is a new special issue, the applicable laws in theoretical research and judicial practice are rather chaotic: there are claims that the sale of goods should be held accountable for “product quality responsibility ”; some claims should be handled according to the Consumer Protection Law; Fair principles to deal with; and so on, not only have different points of view, but the actual litigation is also very different. First, the responsibility of transfusion risk and product quality Responsibility Product quality responsibility refers to the producer or seller for the production and sale of products to others caused personal or property damage, according to the relevant provisions of the product quality law should