A Study On Administrative Legal Relief System For Victims Of Vaccination

With the progress of society and the improvement of science and technology,people to carry out effective control and prevention of infectious diseases by means of vaccine development.According to the WHO statistics,after the vaccine popularization,every year because the number of infectious disease deaths decreased greatly.But when the vaccine is still to take into account the vaccine itself is the pathogen also has a considerable degree of side effects,will bring potential danger to people.Through continuous analysis,although the vaccine can effectively prevent disease,but is not very safe,even if there is no problem on the quality of the vaccine manufacturing process,but according to the vaccination People of different physical,may not have a reaction.So the vaccine popularization situation,will inevitably encounter for those who can not adapt to the vaccine,will pose a threat to the safety of life.Now in the national compensation system for vaccine injuries is not perfect,although there are a lot of vaccines are the state provided free of charge,but also on the dangers of the state of the corresponding responsibility.On the basis of the constitutional obligation of respecting and safeguarding human rights,whether it is a kind of vaccine inoculation or two type of vaccine,countries should bear the compensation responsibility.Therefore,the future should improve and perfect the relevant legislation,in order to in the vaccine In the mechanism of injury relief,the system of two state responsibility is constructed by combining the state compensation system with the state compensation system.The main content of this article includes six parts.The first part is the introduction,which introduces the background,discussion and analysis of combined vaccine events at home and overseas,in our country now on vaccine will harm the legal consequences and compensation system are discussed,and compared to the foreign compensation system,this thesis discusses the significance of the study.Grasp the direction of this thesis.The second part related concepts involved in some of the papers in the detailed definition,introduces the development history of vaccination,and the definition of abnormal reaction,which belongs to the category of abnormal reaction to other content.In addition to the vaccination caused harm to the main legal accountability classification definition,clear legal the status,determine the disputes arising from the legal nature.The third part,through the selection of three cases of human injury caused by vaccination in recent years,discussed the impact,and reflect on the current situation of the vaccine relief system for the victims of abnormal vaccination in China.The fourth part analyzes and discusses the existing imperfect vaccination compensation system in our country,and puts forward some suggestions for revision.The fifth part of the combination of abroad are analyzed and discussed in detail on the response caused by overseas vaccine injury compensation system and scheme,choose a relatively complete legal system in several countries and regions of the legal aid,provide a reference and template for perfecting the relief system to provide.A specific direction for the improvement of the law.The sixth part discusses the necessity of improving the administrative remedy system of vaccine victims,and puts forward suggestions for improvement according to the deficiencies of national compensation and compensation.