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药品领域具有显著的技术性特征与深厚的科技化背景.其所衍生的药品风险是医药科技风险的集中体现。鉴于药品风险已对药品安全造成现实威胁与严重损害.应立足于风险规制立场对其加以管控。对此。药品安全犯罪的新近修订虽然已有所体现,但仍存在规制高度不够、移送衔接不畅、刑罚力度不足等问题,应将其刑法地位提升至公共安全高度,增强风险管理措施,强化风险规制效果,探索解决药品研发与药品召回等非生产、销售环节的刑事责任,方能更好打击药品安全犯罪和保障药品安全。
The pharmaceutical field has significant technical characteristics and profound scientific background, and the pharmaceutical risks derived from it are the concentrated expression of medical technology risks. In view of the fact that drug risks have posed real threat and serious damage to drug safety, they should be controlled from the perspective of risk regulation. This. Although the recent revision of drug safety crime has been reflected, there are still problems such as inadequate regulation, poor transfer and inadequate penalties, and should elevate its criminal law status to public safety, enhance risk management measures and strengthen the effectiveness of risk regulation , To explore and solve the drug development and drug recall and other non-production and sales of criminal responsibility, in order to better crack down on drug safety crimes and to ensure drug safety.