Problems and Countermeasures to Improve Clinical Trial Participants’ Compensation Rights in China

Abstract

Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights. Methods The literature related to the participants’ right to compensation at home and abroad was searched to study the inadequacy of the compensation right for clinical trial participants in China from four aspects: insurance system, principle of attribution, legal relationship and compensation regulations. Then, some suggestions to improve the participants’ right to compensation were proposed. Results and Conclusion China lacks clear legal norms for participants’ right to compensation. There are problems such as unclear insurance rules and compensation rules, unclear contractual relationships between parties to clinical trials, and no laws and regulations to rely on for attribution and compensation. China should issue regulatory guidelines related to the right to compensation of participants in clinical trials, so that all parties in clinical trials can have rules to follow if there is the occurrence of injury, which can better protect the rights and interests of the participants.

Keywords

clinical trial / participant / compensation right

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