A Study On The State Liability For Vaccine Damage

Vaccination is an administratively compulsory action,with professionalism in the medical field,the particularity in the health object,and incidence of danger.Vaccination is a kind of public health behavior,and protecting public health is its purpose.To protect public health is the obligation of the state.When the state fails to fulfill its obligation in vaccination,it should bear the corresponding compensation liability and redress liability for vaccine damage.At present,there are still some problems in the legal system of state responsibility for vaccine damage in China.In essence,the legal system stipulates that the state only responses to the damage due to first kind of vaccine.Besides,the form of liability is only limited to state compensation responsibility.Furthermore,the system of state compensation responsibility is vague and imperfect.Meanwhile,the procedure is incomplete,and the relief path is not clear,leading to the difficulty of applying for compensation.Last,the state redress responsibility for vaccine damage is absent,and the state compensation liability exists in name only.In terms of the state compensation liability for vaccine damage,we suggest to expand the scope of application of state compensation liability for vaccine damage,unify and raise compensation standards,and promote damage identification procedures.Also,by establishing a special relief fund for vaccine damage or purchasing commercial insurance for vaccine damage,we can allocate risks in a diversified way,guarantee relief in a multi-dimensional way,reduce the financial pressure of the state,reduce the relevant risks of vaccine manufacturers,and improve the internal security and public trust of the general public.Our country should establish a state redress liability system for vaccine damage in the future,the constitutive requirements include illegal vaccination behavior,the state’s fault,the occurrence of damage facts,and the causal relationship between vaccination behavior and damage results.In terms of compensation,in the case of serious physical damage caused by the vaccine,the state should provide two ways for the victims to choose between the paymentof compensation in installments and the payment of redress in a lump sum.In case of death caused by vaccine,the redress shall be made in a lump sum.