On Legal System Of Social Relief For Vaccination Damage

As one of the national programs of basic public health service, vaccination has made great contributions in improving citizens’ physical fitness and national economic development. At the same time, vaccination damage is inevitable. It makes that the group of vaccination damage can’t get sufficient relief and get in trouble, which will get bad influence of immunization work and the protection of the group. The paper makes comprehensive system research on four parts-the social relief of vaccination damage and its related definitions, the legitimacy of social relief for vaccination damage, the legal system of social relief for vaccination damage in China and how it works, the extraterritorial legal system of social relief for vaccination damage and its experience learning, in the end, the author put forward the suggestion that how to establish our legal system of social relief for vaccination damage.The thesis is divided into five parts as followed.The first part:the social relief of vaccination damage and its related definitions. Vaccination will result in vaccination damage which performance the weakening of the organs’ function or death. Because of the character of vaccine and vaccinate, the vaccination damage is uncontrollable, hard to blame and get continuous bad influence, it depends on Long-term medical care, which will result in poverty. Social relief of vaccination damage is legal system that due to the country and also needs the participation of the society, this relief aims at the group of vaccination damage who get in trouble, offer material and money to help them on medical, education, employment, etc. let them recovery from the damage and integrate into society. It is specific in the subject, the reason, the content, the duty and the gist. This social relief has integrating, protection, stability, recovery and development functions.The second part:the legitimacy of social relief for vaccination damage. This part discusses why we need social relief for vaccination damage from four aspects. It’s the basic right of children, the state and society’s basic responsibility, the basic method to safeguard the rights and interests of vaccination victims and also the basic way to effectively maintain social stability.The third part:the legal system of social relief for vaccination damage in China and how it works. This part combines with the law and case, make systematic analysis of vaccination damage social relief legislation basic content and implementation. The legal is in sufficient that legal has blank areas, current relief system is insufficient, the evaluation procedure is imperfect, which will easily lead to the plight of poor relief and invalid relief for those vaccination-damaged people.The fourth part:the extraterritorial legal system of social relief for vaccination damage and its experience learning. The vaccination damage social relief system in our country is relatively backward, through examining vaccination damage relief system of the United States, Japan, Sweden, the Great Britain, and Taiwan, China can gains experience for reference in accordance with our national circumstances. Their common experience includes four aspects:issuing specialized legislation, providing financial support, making relief clear and specific, and utilizing procedure guarantee.The fifth part:the suggestion that how to establish our legal system of social relief for vaccination damage. It includes making laws on vaccination damage social relief, fiscal transfer special funds, defining the content of social relief, refining the procedure of social relief, promoting vaccination damage relief society participation. Moreover, the author points out the connection between vaccination damage social relief system and other systems, appropriately solve the current plight of vaccination-damaged people and practically guaranteeing their rights and interests.