疫苗接种致使人身损害的国家责任研究

Study on the National Responsibility of Personal Injury Caused by Vaccination

我国目前采取强制性接种与自愿性接种相结合的疫苗接种模式;大规模的疫苗接种不可避免地伤害到少数受种者的生命健康权,而现行的疫苗伤害救济面临国家赔偿缺位与国家补偿片面的困境,以致既不利于弥补受种者的人身损害,也有悖于"有损害就有赔偿"的法治原则。依据国家尊重和保障人权的宪法义务,无论接种的是一类疫苗还是二类疫苗,国家都应当承担相应的赔偿或补偿责任。因此,未来应通过健全和完善相关立法,以求在疫苗伤害救济机制中构建起国家赔偿制度与国家补偿制度相结合的二元国家责任体系。

At present, our country is taking the combination of compulsory vaccination and voluntary vaccination, and a large scale of vaccination inevitably hurt the right of life and health of few vaccine recipients. But the current vaccine injury relief is being faced with the plight of the lack of state compensation and one-sided state indemnity, which is not conducive to make up for the personal injury of vaccine recipients, and goes against the legal principle of ＂damage compensation＂ as well. According to the constitutional obligation of respecting and protecting human rights, whether the vaccination is the first or second class, the state should bear the corresponding liability for compensation or indemnity. Therefore, relevant legislation should be improved and perfected in the future in order to build the state dual responsibility system of the combination of state compensation system and state indemnity system in the vaccine injury relief mechanism.