entral Governmentto the people's government at the same level for final decision.Punishment by suspension of production or business operations for sevendays or more, or revocation of the Pharmaceutical Producer Licence orPharmaceutical Trading Enterprise Licence, to be meted out topharmaceutical producing enterprises or pharmaceutical trading enterprisesunder the jurisdiction of people's governments at or below the city orcounty level, shall be submitted by the administrative department ofhealth of the people's governments at or below the city or county level tothe people's governments at the same level for final decision. Theconfiscated pharmaceuticals shall be disposed of under the supervision ofthe administrative departments of health.Article 55If the party concerned does not accept the administrative sanction decidedon, it may file suit in the people's court within 15 days after receivingnotification of the sanction. However, the said party must immediatelycarry out the decision on the control of pharmaceuticals made by theadministrative department of health. If the party neither complies withthe sanction nor files suit within the time limit, the organ which madethe decision on the administrative sanction shall apply to the people'scourt for compulsory execution.
Article 56If any individual or unit, in violation of this Law, causes drugpoisoning, he or it shall be liable for the damage. The victims mayrequest the administrative department of health at or above the countylevel to handle the matter; if a party does not accept the decision, itmay file suit in the people's court. The victims, too, may directly takethe case to the people's court.The claim for compensation must be made within a year from the day onwhich the victim or his representative was aware or should have been awareof the damage done. No claim for compensation shall be entertained beyondthe time limit.
【章名】Chapter XI Supplementary Provisions
Article 57For the purpose of this Law, the definitions of the following terms are:"Pharmaceuticals" means articles intended for use in the prevention,treatment or diagnosis of human diseases, or intended to effect thepurposive regulation of human physiological functions, for whichindications, usage and dosage are prescribed, including raw traditionalChinese medicinal materials, traditional medicines prepared in ready-to-use forms and other prepared Chinese medicines, medicinal chemicals andtheir preparations, antibiotics, biochemical medicines, radioactive drugs,serums, vaccines, blood products, diagnostic aids, etc."New medicines" means medicines which have not been produced in thiscountry before. "Supplementary materials" means the excipients andadditives used for the production and dispensing of pharmaceuticals."Pharmaceutical producing enterprise" means an enterprise exclusively orpartly engaged in the production of pharmaceuticals."Pharmaceutical trading enterprise" means an enterprise exclusively orpartly engaged in the trading of pharmaceuticals.Article 58The production of pharmaceuticals referred to in this Law does not includethe cultivation, collection and breeding of all categories of medicinalmaterials used in traditional Chinese medicine.Article 59The administrative department of health under the State Council shall,pursuant to this Law, draw up measures for its implementation, which shallenter into force after being submitted to and approved by the StateCouncil.Measures for the control of pharmaceuticals specially needed by theChinese People's Army shall be formulated by the competent militarydepartment of the state.Article 60This Law shall enter into force as of July 1, 1985.
庫 名: 01. 國(guó)家法律法規(guī)庫(49年--94年)(全 部)