Research On The System Of Remedy For The Harms Caused By Vaccination

In the history of human reproduction,people continue to suffer from various infectious diseases.With the advancement of medicine,people have begun to adopt various methods to prevent and control infectious diseases.At present,the most effective way is vaccination.It can effectively make the human body produce antibodies against infectious viruses,thereby resisting the damage of the virus to the body’s functions.However,because the vaccination will destroy the integrity of the body’s immune system to a certain extent,there will be a certain probability of adverse reactions due to differences in individual characteristics,and even threaten the lives of individuals.No vaccine can be 100%safe and effective,and the threat of adverse reactions makes people feel more resistant to vaccines.Under the current medical technology conditions,abnormal reactions caused by qualified vaccines cannot be completely eliminated,and large-scale vaccination will inevitably cause damage to a small number of recipients.At present,there are still many problems in my country’s current vaccine injury legal remedy system.In order to actively respond to the risk of vaccine trust,give full play to the positive role of vaccines in protecting people’s health.By clarifying the related concepts of vaccination injury and the legal nature of different vaccination classifications,this article provides a basic basis for the following discussion,and then analyzes the dual system of vaccine injury relief in my country.Then,through comparative analysis of the disputes in specific cases,it summarizes the existing shortcomings of my country’s vaccine injury legal remedy system,and puts forward suggestions on this basis,in order to promote the improvement of my country’s vaccine injury legal remedy system.This article is mainly divided into four parts.The first part is the connotation and type of vaccine injury.First,outline the definition and classification of the vaccine product itself to clarify the relevant legal nature.Then,the types of adverse reactions of vaccination were defined,and the abnormal reactions of vaccines and immunization accidents were analyzed in combination with relevant laws and regulations.Finally,by analyzing the nature of vaccination behavior,applicable objects,effectiveness,injury scale,and the complexity of the causal relationship,it highlights the particularity of vaccine injury compared with general tort injury.The second part is the dual system of vaccine injury relief in my country.By combining the existing legal norms to analyze the constituent elements of the civil compensation system and the national compensation system respectively,in order to clarify the establishment elements and specific rules of the two remedies,as well as the differences between the two in terms of specific meaning and identification standards.The third part is the main existing problems in the field of vaccine injury relief in my country.After theoretical analysis of the controversy in the definition of vaccine product defects,the determination of causality,and the selection of relief routes in specific cases,it is concluded that there is a confusion in the identification of causality of abnormal reactions in the field of vaccine injury relief in my country at the emergence stage,and the failure of the national compensation system The issue of giving full play to its relief function,in order to emphasize the urgency and necessity of improving the legal relief system for vaccine injuries.The fourth part is the suggestions for perfecting the legal remedy system of vaccine injury in our country.First,optimize the identification of causality.This article believes that for the relief of vaccine injuries,my country should formulate a vaccine injury table to simplify and unify the causality identification standards,so that the burden of proof for vaccine victims is eased.Second,improve the national compensation and relief path,by expanding the scope of compensation to include incidental diseases and vaccination taboos,and establishing a national compensation system centered on relief recipients.The state can first assume direct responsibility and then later.Investigate the responsibilities of vaccine-related parties so that the victims can receive timely relief;optimize the national compensation procedures by improving the efficiency and legitimacy of the abnormal reaction identification process;for the compensation gaps between provinces,the State Council can uniformly formulate principled content.The remaining part gives each province a certain degree of autonomy,which will be formulated according to local actual conditions.Third,coordinate the connection of vaccine injury relief paths,and replace the current "no-fault" relief mechanism with the post-event "recovery mechanism" of state compensation,so as to avoid blind spots or double relief.