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"Vaccine Management Law" implements timely、Convenience、Reasonable principles，Established a system of preventing inoculation abnormal reaction compensation system，provides legal guarantee for the timely compensation for the prevention of abnormal response to vaccination，The inoculating person has the obligation to bear the liability for compensation，The recipient has the right to get compensation。

　　Protect the abnormal response right of remedy for the rescue of the person

Prevention vaccination is the safer to improve public health、Effective、Public health measures in the economy。Vaccine is both public welfare medicine，It is also a dangerous item。Dangerous attributes of the vaccine，It is difficult to avoid it completely。Although the abnormal reaction belongs to occasional medical incidents，But there is a "devil draw" effect，Its sensitivity has attracted much attention。How to allocate abnormal reaction to compensation liability for abnormal reaction，How to guarantee that abnormal reactions to get fair compensation，It is a legal issue that modern social risk governance has to face，It is also an important content of the Vaccine Management Law。

Preventive vaccination abnormal reaction refers to the qualified vaccine during the implementation of the vaccination process or after the implementation of specifications and cause the body tissue organs、Functional damage，Nothing of the relevant parties with no faults of drug adverse reactions。Compensation abnormal reaction.，It is also the humanitarian care of the recipient。The compensation system of abnormal reaction compensation system obeys the inherent logic of risk governance and social joints，The principle of fair sharing was implemented，It reflects the people -oriented spirit。

Before the "Vaccine Management Law" was introduced，There are some problems in the compensation system of the abnormal response of inoculation in my country，Highlighting as an abnormal reaction to informs the obligation of obligations and the asymmetric information of the right to know the right、Abnormal reaction bet365 live casino games identification standards are too strict、Compensation range is too narrow、Compensation standards are not uniform、Compensation costs are not guaranteed、Cumbersome compensation procedures, etc.。"Vaccine Management Law" implements science、Timely、Convenience、Requirements on the principle of reasonable principles，Established a suspected prevention of vaccination abnormal reaction detection、Report、Investigation、Diagnosis、Appraisal System，Establishing the notification obligation of the relevant subject，Gives the right to the recipient; incorporates the abnormal reaction of "cannot be ruled out" into the compensation range，It reflects the tolerance of the unfortunate tolerance of the victim to the maximum of the risk society; the compensation range of the compensation range of the national standard is implemented，and make dynamic adjustments according to the actual situation，easy to incorporate mental damage into the scope of compensation，Avoid the system rigidity of one -time compensation，The individual treatment of special circumstances after the compensation of the recipient has been taken care of; the state formulates a unified compensation standard，Avoid the significant differences of standards formulated by the provincial government，Let the recipient feel fairness and justice; establish a unified cost guarantee system by the state，Avoid the responsibility subject for repayment，allow the recipient to get enough compensation; establish a unified compensation procedure by the state，Avoid secondary problems，Let the recipients have the right to compensate in time in accordance with the legal procedures; encourage vaccine companies to compensate for the recipients in various forms such as commercial insurance，Diversified business risks of vaccine companies，It is conducive to promoting the production and development of vaccines，Improve the level of vaccine supply。

　　Different reaction to compensation for rights holders

my country's prevention of abnormal response compensation compensation implements a dual -track system，Under the dual -track system，Different responsible subjects assumed for compensation，The Rights Remedy for the Return is not the same。National immunization planning vaccine prevention abnormal response compensation compensation belongs to bet365 best casino games the scope of national compensation，The establishment of a public law relationship between the recipient and the country，Compensation costs are provincial、Autonomous Region、The financial department of the people's government of the municipality directly under the Central Government arranges in vaccination funds。When an abnormal response of vaccination occurs，Those who have the right to compensate for compensation，A compensation agency has the obligation to compensate。When the controversy occurs abnormal reaction，The vaccination unit or the recipient can request the handling of the county -level people's government where the vaccination unit is located for treatment。When the recipient believes that the right of compensation is invaded by the compensation agency，Disputes of compensation disputes to resolve abnormal reactions through administrative reconsideration or administrative litigation。In practice, there are also national compensation，Or first offered administrative lawsuits，The situation of the civil lawsuit again。Foreign experience is the existence of allowing parallel procedures to request rights，But the total compensation part of the civil compensation needs to be deducted。Because my country used to adopt the provincial government's compensation management system，"Vaccine Management Law" passed the future，Legal requirements Establish a state -based compensation management system，Relevant departments should speed up formulating supporting regulations，Refined legal provisions，Especially to establish a relief system for the recipient to exercise compensation rights。

Non -national immunization planning vaccine prevention abnormal response compensation compensation belongs to the scope of civil compensation，The relationship between the person and the vaccine company is a private law relationship，Compensation costs are buried by vaccine enterprises，The State encourages those who respond to vaccination abnormal reactions through various forms such as commercial insurance.。Because the "Vaccine Management Law" is a system design based on public law specifications，It did not directly specify the right to react the right and procedure request right for the compensation for the abnormal reaction，Establishment of the right to the physical request and the exercise of the right of procedure requests need to be referred to the field of civil law。There are more systems that are closely related bet365 Play online games to non -national immunization planning vaccine prevention abnormal reactions and compensation.，There is an attached protection obligation on the contract method、Bad the defect guarantee obligations，Principles of no fault liability law in the infringement liability law，The right to infringement request、Absolute request right、Personal rights request rights。Some of the above explanations are clearly stipulated，Some are just a legal doctrine，And people's understanding of the specific meaning of the above explanation is not consistent，Make the recipient's right to choose the right to relieve the way，The reason for this situation is the extension of the contract law to the field of infringement liability law，The result of the expansion of the infringement liability law to the field of contract law。To solve the difficulty of choosing the parties，The law gives the parties the right to choose independently under the conditions of responsibility。Due to the infringement liability law, there is a clear rule for compensation for mental damage，and the concept of traditional contract law excluding mental damage compensation，Therefore, the parties in judicial practice generally choose to def on liability for infringement，Most courts also make referees in accordance with the provisions of the infringement liability law。Different from the program structure of the contract with the contract of the contract，It is more difficult when choosing the type of complaint，"Vaccine Management Law" passed the future，Should be implemented in time、Convenience、Requirements on the principle of reasonable principles，Establish a litigation system that can effectively protect the rights of compensation for the recipient as soon as possible。

　　The development direction of the compensation system for abnormal reaction compensation system

my country's vaccine type dual -track system and vaccine compensation dual -track system is a institutional arrangement suitable for national conditions at this stage，But with a transitional nature，Not the direction of the future development of the vaccine。The state is promoting the planning of non -national immunological planning vaccines into the national immunization planning vaccine，The monorail system is the future direction of my country's vaccine development，But the dual -track system will exist for a long time。

Actually，Whether it is a country that uses a monorail system，Still bet365 live casino games using a dual -track country，A relatively complete abnormal reaction compensation system has been established，There are four modes in summary。The first model is the government financial compensation model represented by the United Kingdom，Compensation costs are guaranteed by the government through the fiscal budget。The second model is the tax fund compensation model represented by the United States，Compensation costs are guaranteed by the government's special tax fund established by the government by levying vaccine taxes。The third model is the insurance fund model represented by Sweden，Compensation costs are guaranteed by vaccine companies to purchase insurance。The fourth mode is in Japan、Mixed mode represented by France。Japan's hybrid mode is divided into two types of free vaccine and self -funded vaccine prevention.。Free vaccine prevention of abnormal response compensation cost shall be borne by governments at all levels in accordance with the proportion，Compensation costs are managed and paid by the central authority。Self -funded vaccine prevention abnormal response compensation fee shall be shared by the vaccine enterprise and the central authority in proportion，Compensation costs are managed and paid by the central authority。French hybrid mode is not based on vaccine classification，The legal nature of the vaccination unit is the standard。The abnormal reaction compensation of the vaccine in vaccination of public hospitals belongs to the adjustment scope of administrative law，Compensation from national finance，When a compensation dispute occurs,，The recipient can file an administrative lawsuit。The abnormal reaction compensation for vaccination of private hospitals belongs to the scope of social law adjustment，It is responsible for social connection with the state，Those who are recipients can obtain relief through administrative and civil litigation channels at the same time，The only requirement is that the sum of the compensation obtained by the recipient does not exceed the sum of losses。

The above models are all the relief systems based on risk theory，and risk theory is a social theory，Not a personal autonomy theory。The theory of risk theory is based on the social attributes and vaccines of vaccines as public goods as the natural attributes of dangerous objects。Society is not only a direct beneficiary for mandatory prevention vaccine，It is also a winner who voluntarily prevent vaccination.，The full compensation liability for volunteer companies to be voluntarily controlled bet365 Play online games by vaccine companies does not fully meet the requirements of social justice，It does not meet the general rules of risk governance。Based on the traditional differences of countries，Different mode of specific mode。Britain, the earliest establishment of a welfare system, adopted a single system compensated by national compensation to meet its tradition of rule of law。The United States, where the concept of market concept and tax is developed, combines these two concepts to establish the monorail system responsible for the government，Meeting the view of the American people。Diversifying the risk of scattered vaccine through social insurance is a new form of refinement of welfare countries，Sweden establishes a monorail -based model compensated by insurance funds in accordance with the tradition of developed welfare countries。Japan uses its developed administrative capabilities to establish a dual -track system compensated by the government，The way to absorb private law through public law，Diversify the operating risk of vaccine companies，It also reduces the burden of relief of the recipient。The developed France in the Administrative Court injected the value of freedom into the dual -track system of abnormal reaction compensation，The compatibility structure of the compatibility of administrative and civil laws，Fully guarantee the choice of autonomy of the recipient，shaped the compensation system with institutional elasticity。

"Vaccine Management Law" uses abnormal reactions to compensate for dual -track system，But this law is a system design based on public law specifications，The right to request and procedure request of the person depends on other laws、Regulations on administrative regulations，and other laws and administrative regulations do not fully meet the needs of the right to compensate for compensation for the recipients，Must establish a supporting relief system。Consider the direction of the future development of the vaccine，It should be based on risk theory and social justice theory，Follow the principle of risk sharing，In terms of national immunization planning vaccine prevention abnormal reaction compensation，Establish a system for sharing compensation costs from the central government and local governments;，Establish a system for sharing compensation costs with the central government and vaccine enterprises; try to incorporate the compensation of abnormal bet365 best casino games reactions into the social security system，And try first in the conditional place，Get experience。

　　(Author Unit: School of Law, South China University of Technology)