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

The vaccine is a powerful weapon in the fight against infectious diseases,as it successfully eradicates many infectious diseases with high mortality rates.As a result,most countries have adopted compulsory vaccination as an important public health policy.However,as a biological product,due to the limitation of human knowledge,it is impossible to ensure 100 percent safety of the vaccine.At the same time,due to the negligence of vaccine manufacturers,sellers and vaccination units,vaccine recipients are exposed to unpredictable risks of adverse reactions and artificial risks.In particular,the frequent quality problems of vaccine products in recent years have continuously tested the public's confidence in vaccination,and the vaccination rate has begun to decrease.Although the risks are hard to avoid,the advantages outweigh the disadvantages of the vaccination system implemented by the state from the overall interests of the society,and the inevitable cost of collective vaccination is that a few people suffer from vaccine injuries.In order to make up for the loss of minority interests caused by the implementation of the vaccination system,and to prevent the decline of group vaccination rate caused by the existence of vaccine risks,the state has implemented the no-fault compensation plan and demanded the relevant responsible persons to make compensation through civil channels.Admittedly,no-fault compensation plan and civil compensation in a certain extent can compensate the loss of the kind of person,but both relief way also has many problems,such as one-off and hysteresis of abnormal response compensation,damage the rights of difficulty vaccine products,causality is too strict for such problems,the existence of these problems will no doubt affect the kind of person rights and interests protection,not conducive to the implementation of rapid and generous benefits.Inadequate relief undermines public confidence in national vaccination systems and ultimately leads to lower vaccination rates.Therefore,in order to carry out the vaccination system smoothly and protect the herd immunity,the rights and interests of the victims of vaccine injury must be fully protected.By combing the current vaccine injury relief system in China,this paper analyzes the existing problems and puts forward some Suggestions.This paper is divided into five parts:the first part briefly expounds the benefits of vaccination and risk,interests of the state in measuring vaccination and risk based on the purpose of social public interests after the implementation of vaccination system,lead to the loss of part of the kind of person for public interest,and therefore whether it is a no-fault compensation plan should be provided in a timely and adequate relief,civil compensation should also reflect on the kind of slope protection;The second part mainly introduces the no-fault compensation plan of China's vaccine injury relief,and the precondition of obtaining compensation is to constitute abnormal response.The third part introduces another approach to vaccination damage relief in China,civil tort compensation,vaccine product liability are analyzed and the problems existing in the medical damage liability in particular cases and theoretical disputes,civil compensation should also reflect on the kind of slope protection,so the vaccine product liability and medical damage liability disputes shall relieve the burden of proof by the kind of person.The fourth part mainly discusses the vaccine injury relief for the existing problems in our country,combining with the provincial exception response compensation method and analysis of the civil lawsuit is insufficient no-fault compensation plan relief,no-fault compensation plan and the civil compensation problems such as conflict,and expounds the new regulations vaccine injury relief;The fifth part,aiming at the problems mentioned above and combining with the relevant regulations of vaccine injury relief in the United States,puts forward feasible methods to improve the vaccine injury relief system in China.