Vaccination is the safest way to improve public health、valid、Economic public health measures。Vaccines are both public welfare drugs,Also a dangerous item。Due to the dangerous properties of vaccines,Abnormal reactions are difficult to completely avoid。How to fairly allocate abnormal response bet365 Play online games responsibilities,How to ensure that recipients of abnormal reactions receive fair bet365 Play online games,It is a legal issue that modern social risk management has to face,It is also an important part of the "Vaccine Administration Law"。
"Vaccine Management Law" is implemented in a timely manner、Convenience、Principle of Reasonability,Established a bet365 Play online games system for abnormal vaccination reactions,Provides legal guarantee for recipients of abnormal vaccination reactions to obtain timely bet365 Play online games,The vaccinator has the obligation to bear bet365 Play online games responsibility,The recipients have the right to receive bet365 Play online games。
Protect the relief rights of victims of bet365 Play online games in accordance with the law
Vaccination is the safest way to improve public health、valid、Economic public health measures。Vaccines are both public welfare drugs,Also a dangerous item。Due to the dangerous properties of vaccines,Abnormal reactions are difficult to completely avoid。Although abnormal reactions are accidental medical events,But there is a "devil's draw" effect,His sensitivity has attracted social attention。How to fairly allocate abnormal response bet365 Play online games responsibilities,How to ensure that recipients of abnormal reactions receive fair bet365 Play online games,It is a legal issue that modern social risk management has to face,It is also an important part of the "Vaccine Administration Law"。
Abnormal vaccination reactions refer to the effects of qualified vaccines on the tissues and organs of the recipient during or after standardized vaccination、Functional damage,Adverse drug reactions that are not at fault of all parties involved。Compensating recipients with abnormal reactions is a basic way for modern society to deal with risks,It is also a humanitarian concern for the recipient。The abnormal reaction bet365 Play online games system obeys the internal logic of risk management and social solidarity,Implemented the principle of fair sharing,Reflects the people-oriented spirit。
Before the promulgation of the "Vaccine Management Law",There are some problems with my country’s bet365 Play online games system for abnormal vaccination reactions,The most prominent manifestation is the information asymmetry between the obligation to disclose abnormal reactions and the right to know、The standard for identifying abnormal reactions is too strict、bet365 Play online games range is too narrow、bet365 Play online games standards are not uniform、Inadequate protection of bet365 Play online games expenses、Complicated bet365 Play online games procedures, etc.。The "Vaccine Administration Law" is implemented scientifically、In time、Convenience、Requirements of reasonable principles,Established detection of suspected abnormal vaccination reactions、Report、Investigation、Diagnosis、Authentication system,Established the notification obligations of relevant entities,Give recipients the right to know;Include situations where "abnormal reactions cannot be ruled out" into the scope of bet365 Play online games,Reflects the tolerant spirit of risk society to minimize the misfortune of victims;Implement the national standard bet365 Play online games scope catalog management system,And make dynamic adjustments according to the actual situation,Facilitates the inclusion of mental damage in the scope of bet365 Play online games,Avoiding the rigidity of the one-time bet365 Play online games system,Taking into consideration the individualized handling of special circumstances after bet365 Play online games for recipients;Uniform bet365 Play online games standards shall be formulated by the state,Avoid significant differences in standards set by provincial governments,Let the recipients feel fairness and justice;The state will establish a unified cost guarantee system,Avoid the failure of the responsible party to pay,Let the recipients receive full bet365 Play online games;The state shall establish a unified bet365 Play online games procedure,Avoid secondary problems,Let the recipients have the right to receive timely bet365 Play online games in accordance with legal procedures;Encourage vaccine companies to compensate recipients of abnormal vaccination reactions through commercial insurance and other forms,Dispersing the business risks of vaccine companies,Conducive to promoting the production and development of vaccines,Improving vaccine supply levels。
Relief methods to compensate rights holders bet365 Play online games
my country implements a dual-track system for bet365 Play online games for abnormal vaccination reactions,Under the dual-track system,The entities responsible for bet365 Play online games are different,The rights and remedies of the recipients are also different。bet365 Play online games for abnormal reactions to vaccines in the National Immunization Program falls within the scope of national bet365 Play online games,The relationship established between the recipient and the country is a public legal relationship,bet365 Play online games fee is provided by the province、Autonomous Region、The financial department of the municipal people’s government arranges vaccination funds。When abnormal vaccination reactions occur,The recipient has the right to request bet365 Play online games,bet365 Play online games agencies have the obligation to compensate。When unusual reactions and disputes occur,The vaccination unit or the recipient may request the health department of the county-level people’s government where the vaccination unit is located。When the recipient believes that the right to bet365 Play online games has been violated by the bet365 Play online games agency,Abnormal reaction bet365 Play online games disputes can be resolved through administrative review or administrative litigation。In practice, it is also necessary to first request state bet365 Play online games,Or file an administrative lawsuit first,Re-filing of civil lawsuits。Overseas experience is to allow the existence of parallel program request rights,However, the state bet365 Play online games part needs to be deducted from the total civil bet365 Play online games。Because my country used to adopt a bet365 Play online games management system dominated by provincial governments,After the passage of the "Vaccine Management Law",The law requires the establishment of a state-based bet365 Play online games management system,Relevant departments should speed up the formulation of supporting regulations,Refining legal provisions,In particular, it is necessary to establish a relief system for the recipients to exercise their rights to bet365 Play online games。
bet365 Play online games for abnormal reactions to non-national immunization program vaccines falls within the scope of civil bet365 Play online games,The relationship established between the recipient and the vaccine company is a private law relationship,bet365 Play online games costs shall be borne by vaccine companies,The state encourages bet365 Play online games for recipients of abnormal vaccination reactions through commercial insurance and other forms。Because the "Vaccine Management Law" is a system design based on public law regulations,There is no direct provision for the substantive and procedural rights to claim bet365 Play online games for recipients of abnormal reactions,The establishment of the recipient’s substantive claim rights and the exercise of procedural claim rights need to be referred to the field of civil law。In the field of civil law, there are many systems closely related to bet365 Play online games for abnormal reactions to vaccines in non-national immunization programs,There are incidental protection obligations in contract law、Defect warranty obligations,The principle of no-fault liability in tort liability law,Right to request infringement、Absolute right to request、Personal rights claim。Some of the above explanations are clearly stipulated by law,There is just a legal doctrine,And people have different understandings of the specific meaning of the above explanation,Making it difficult for recipients to choose the right remedy,The reason for this situation is that contract law extends to the field of tort liability law,The result of the expansion of tort liability law into the field of contract law。To solve the difficulty of choosing the parties’ lawsuit,The law gives parties the right to make independent choices under conditions of competing responsibilities。Because the tort liability law has clear provisions on bet365 Play online games for mental damage,The traditional contract law concept excludes bet365 Play online games for mental damage,Therefore, in judicial practice, parties generally choose to litigate for tort liability,Most courts also make decisions based on the provisions of the Tort Liability Law。Due to the different procedural structures of contract litigation and tort litigation,It is difficult for recipients to choose the type of complaint,After the passage of the "Vaccine Management Law",Should be implemented in a timely manner、Convenience、Requirements of reasonable principles,Establish a litigation system as soon as possible that can effectively guarantee the realization of the bet365 Play online games rights of the recipients。
The development direction of the abnormal reaction bet365 Play online games and relief system
my country’s dual-track vaccine type system and vaccine bet365 Play online games dual-track system are an institutional arrangement suitable for national conditions at this stage,But it has a transitional nature,Not the future development direction of vaccines。The country is promoting the gradual integration of non-national immunization program vaccines into the national immunization program vaccine plan,Single-track system is the future direction of vaccine development in my country,But the dual-track system will still exist for a long time。
Actually,Whether it is a country that adopts a single-track system,It is still a country that adopts a dual-track system,They have established a relatively complete bet365 Play online games system for abnormal reactions,In summary, there are four modes。The first model is the government financial bet365 Play online games model represented by the United Kingdom,bet365 Play online games costs are guaranteed by the government through the fiscal budget。The second model is the tax fund bet365 Play online games model represented by the United States,bet365 Play online games costs are guaranteed by a special tax fund established by the government through the collection of vaccine taxes。The third model is the insurance fund model represented by Sweden,The bet365 Play online games fee is guaranteed by the vaccine company purchasing insurance。The fourth mode is based on Japan、Mixed model represented by France。Japan’s mixed model is divided into two categories: free vaccines and self-paid vaccination abnormal reaction bet365 Play online games。bet365 Play online games for abnormal reactions to free vaccinations shall be borne by governments at all levels in proportion,bet365 Play online games fees are managed and paid by the central competent authority。bet365 Play online games fees for abnormal reactions to self-paid vaccinations shall be shared by the vaccine companies and the central competent authorities in proportion,bet365 Play online games fees are managed and paid by the central competent authority。France’s hybrid model does not use vaccine classification as a criterion,The legal nature of the vaccination unit is the criterion。bet365 Play online games for abnormal reactions to vaccinations in public hospitals falls within the scope of administrative law,Compensated by the state finance,When a bet365 Play online games dispute occurs,The recipient can file an administrative lawsuit。bet365 Play online games for abnormal reactions to vaccinations in private hospitals falls within the scope of social law adjustments,The state shall bear joint and several social responsibilities,The recipients can obtain relief through administrative and civil litigation channels at the same time or one after another,The only requirement is that the total bet365 Play online games received by the recipient does not exceed the total loss。
The above models are all relief system arrangements based on risk theory,And risk theory is a social theory,Not a theory of personal autonomy。Risk theory is based on the social attributes of vaccines as public goods and the natural attributes of vaccines as dangerous objects。Society is the direct beneficiary of compulsory vaccination,Also a recipient of reflex benefits from voluntary vaccination,For vaccine companies to solely bear all bet365 Play online games responsibilities for voluntary vaccination does not fully meet the requirements of social justice,It is also inconsistent with the general rules of risk management。Based on different traditions of different countries,Specific modes vary。The United Kingdom, which was the first to establish a welfare system, adopts a unitary model of state bet365 Play online games in line with its rule of law tradition。The United States, which has developed market concepts and tax concepts, combines these two concepts to establish a single-track system model in which the government is responsible,Satisfies the American people’s concept of justice。Dispersing vaccine risks through social insurance is a new form of refinement of the welfare state,Sweden’s establishment of a single-track system model compensated by insurance funds is in line with the tradition of developed welfare states。Japan uses its developed administrative capabilities to establish a dual-track system in which the government guarantees bet365 Play online games,Absorbing private law through public law,It not only disperses the business risks of vaccine companies,It also reduces the relief burden on recipients。France, with its developed administrative courts, injects the value of freedom into the dual-track system of bet365 Play online games for abnormal reactions,Compatible construction through administrative and civil litigation,Fully guarantees the recipient’s right to choose,Formed a bet365 Play online games system with institutional flexibility。
The "Vaccine Administration Law" adopts a dual-track system for abnormal reaction bet365 Play online games,But this law is a system design based on public law norms,The recipient’s substantive and procedural claims depend on other laws、Provisions of administrative regulations,The provisions of other laws and administrative regulations cannot fully meet the needs of the recipients’ bet365 Play online games rights and relief,A supporting relief system must be established。Considering from the perspective of the future development direction of vaccines,Should be based on risk theory and social justice theory,Follow the principle of risk sharing,bet365 Play online games for abnormal reactions to vaccinations in the National Immunization Program,Establish a system for the central government and local governments to share bet365 Play online games costs;bet365 Play online games for abnormal reactions to vaccines in non-national immunization programs,Establish a system for the central government and vaccine companies to share bet365 Play online games costs;Try to incorporate bet365 Play online games for abnormal reactions into the social security system,And try it first where conditions permit,Gain experience。
(Author’s affiliation: School of bet365 Play online games, South China University of Technology)
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