Study On The Legal Aspects Of Vaccination Violations

Vaccination plays an important role in public health and the health of the population,especially in the prevention and treatment of infectious diseases.However,the problem of vaccine safety has attracted much attention recently.The introduction part mainly introduces the social background,research ideas and research methods of the legal problem of vaccine infringement,the main part of the article is the second chapter to the sixth chapter,combined with the relevant cases from five aspects.The second chapter belongs to the overview part of relevant concepts and cases,first of all,according to the existing vaccine related laws and regulations,the concept and type of vaccine are legally defined,that vaccine is a preventive organism to prevent,control the occurrence and prevalence of disease,and be used for human immunization,and that vaccine is divided into immunization planning vaccine and non-immune planning vaccine.The second is to define the concept of vaccination infringement,that vaccination infringement should be a broad concept refers to the general term of all vaccine-related infringement during vaccination.Finally,according to the Law of Vaccine Administration and other laws and regulations to classify the rights of vaccination infringement after the elaboration of the relevant issues are based on This classification is expanded.In addition,it also carries on the relevant case search in Peking University magic weapon database and the judgment document net,selects 11 cases to carry on the comb,provides the case basis for the following theory question development.The third chapter is about the subject of tort liability for vaccination.According to the type of vaccine vaccinated and the type of non-transmission after vaccination,we discuss the subject of liability,and conclude four types of subject of liability,namely,government,vaccine-related enterprises,vaccination units,vaccinators,different types of cases of infringement caused by different types of vaccines.The fourth chapter is the explanation of the application of the principle of imputation of vaccine infringement,the principle of imputation is different because of the different subject of tort liability of vaccination,so this chapter discusses the applicable imputation principle according to different types of tort reaction and different subjects of tort liability respectively,and thinks that the application of imputation principle of vaccination infringement case can not be a single stipulation,and it should be confirmed according to the different types of vaccination and different types of infringement.The fifth chapter is about the analysis of the causal relationship of the vaccine infringement,which is mainly divided into the judgment standard of the causal relationshipin the vaccine infringement and the identification of the causal relationship.In terms of the identification of the causal relationship between vaccination infringement,this paper believes that an independent identification institution for vaccination infringement should be established,and the vaccine management institution should release the "Table of Vaccine damage",whose identification results are professional medical identification results and whose legal value should be endowed by specific legal procedures.Chapter 6 expounds the liability bearing problem of vaccination infringement,in many cases of vaccination infringement,the victim has not received effective compensation,its own loss is difficult to make up for,after clear responsibility subject,imputation principle and causality,still need to explore a set of effective liability bearing mechanism.Finally,it is considered that our country should standardize vaccine related behavior through special laws,perfect vaccine liability insurance system,and establish vaccine special fund.