Research On State Liability System For Vaccine Damage

In the more than three years since the outbreak of COVID-19,the Chinese people have been relatively unaffected,which can only be attributed to the fact that China has basically achieved universal vaccination.The current vaccination patterns in China are divided into two forms: immunization program vaccination and non-immunization program vaccination.As a kind of public service,vaccination is inevitable to the occurrence of vaccine damage events in the process of vaccination.The state should be held accountable for any damages incurred due to the medical risks of an abnormal vaccine reaction.As the state is responsible for overseeing vaccine quality and vaccination,it is responsible for compensating for any damage caused by the quality issues of the vaccine and the two man-made risks of improper vaccination.Currently,the state only requires liability to be paid for any harm caused by an abnormal response to the immunization program vaccine;however,civil tort compensation is the only way to cover the harm caused by the vaccine’s artificial risk,thus resulting in vaccine damage relief disputes.There are still many problems in the state compensation responsibility for abnormal reaction of immunization vaccine.For example,the principle of national compensation is not clear,the standard for determining causality is too strict,the standard of compensation is not uniform and the scope is too narrow,and the identification of vaccine damage is insufficient.In order to solve the problem of vaccine damage relief,useful experience can be drawn from overseas.The United States implements the principle of no-fault compensation for vaccine victims and establishes the vaccine damage trust fund system.Japan integrates the liability for compensation with the liability for compensation,and fully protects the rights of victims by adopting the principle of relief as far as possible and the lenient standard for determining causation.German law requires that pharmaceutical enterprises must fully insure liability insurance with insurance companies or participate in the foundation,and the insurance company and relevant financial companies shall guarantee the compensation.The state shall bear the state compensation liability only when the vaccine damage is not within the compensation scope stipulated in the Drug Law.Based on the current situation of our legislation and overseas useful experience,we choose to redesign the national responsibility for vaccine damage.The State may be held accountable for compensation due to vaccine damage caused by medical risks,as the principle of liability for results is applicable.In the state compensation system,China should adopt the principle of no-fault compensation,more relaxed in the application of the identification standard,less harsh and inoperable provisions,reduce the proof requirements of vaccine victims,increase the amount of state compensation and compensation items,expand the scope of funding sources for vaccine damage compensation,and abolish the previously established pre-diagnosis procedures.And extend the application time as appropriate.For vaccine damage caused by man-made risks,the principle of liability for violation of the law may be applied due to negligence of the state regulatory authorities,and the state shall bear the liability for compensation.In the construction of the state compensation system,we should establish the state compensation liability for vaccine damage in the legislation,clarify the type and scope of the state compensation for vaccine damage,establish the reasonable principle of liability and the rules for determining causality,clarify the compensation methods and standards,and smooth the cohesion mechanism between state compensation and civil compensation.