Research On Tort Liability Of Vaccination

In the moment when New Coronary Pneumonia becomes a global pandemic,if the epidemic is a war,then only the birth of a vaccine can be a victor in this war.It can be said that the vaccine as a special medicine is closely related to the health of the people,especially the health of infants and young children.Meanwhile,as a public health intervention,the most effective and economical control of infectious diseases can be achieved.As an effective means for humans to prevent and control epidemics,vaccination has brought huge personal and social benefits.But at the same time,the infringement of vaccination has also caused personal and property damage to the recipients.In recent years,adverse events related to vaccination have occurred one after another,and vaccination has caused extensive research and discussion in the academic community.The nature of the damage caused by vaccination and the basic norms of damage requests have become the focus of academic disputes.Especially under the premise that our country has not yet established a sound social security system,such damage cases are difficult to be resolved,so it is easy to bring undesirable consequences,especially when the recipients do not have good economic capabilities.Therefore,in the case of such vaccination damage cases,with full respect for the existing legal system,it is urgent to seek a more complete set of private legal remedies for the recipients,that is,the victims.Therefore,it is necessary to analyze tort law from the standpoint of hermeneutics.The article discusses by distinguishing different types of medical adverse reactions and believes that they belong to the category of private law adjustment and can be regulated by tort law.The injured seed may request the vaccine production enterprise and the medical institution to assume product liability,and the faulty medical institution(vaccination unit)to bear the liability for medical damage compensation.This article is divided into four parts: the first part briefly introduces the types ofadverse reactions and the current relevant legal regulations for the types of adverse reactions in China;the second part mainly provides a reference standard and direction for China by the legislative investigation and experience of other countries(regions);the third part analyzes and demonstrates the basis of medical product liability and medical damage liability claims through case analysis and theoretical analysis;the fourth part introduces the liability for infringement of vaccination damages due to adverse reactions and lists selection of the remedies of vaccination infringement damage obligation.Finally,combined with China's current vaccination damage remedy mechanism,suggestions for improvement can be provided.