Study On Multi-system Legal Remedy For Vaccination Damage

Since the vaccine was used to prevent disease,vaccination damage has been associated with it.The conflict between public health right and individual right of vaccination victims is difficult to be eliminated.To attach greater significance to the relief of victims and their families,which is the only way to balance the right between them.Domestic laws about relief of vaccination damage has three deficiencies at least.First,the availability of relief.Second,the fairness of relief.Third,the form of financing and fairness is not reasonable.Root of the problem seems to be the relief system of vaccination damage.Relief system entirely depend on the tort liabilty law.If “liability insurance” and “relief funds” would be introduced into the relief system,that the multi-level legal relief system will be established.From damage transfer to damage sharing,which is better to promote the national immunization program,also to safeguard the public right and the vaccination victim's.