“恶魔抽签”的赔偿与补偿——日本预防接种损害中的国家责任

The Compensation of "Demon Lot":The State Responsibility in Japan's Vaccination Incident

对于合格疫苗导致的损害,有必要从公法上的国家责任的角度进行分析。预防接种行为本身的特殊性,是理解国家在此行为中所应承担的责任的前提因素。国家在预防接种行为中应承担多项注意义务,包括整体监管和具体实施两个方面。注意义务的违反可能导致国家赔偿责任;此外,即使国家不存在违反注意义务的情况,根据结果责任,个人也可以获得国家补偿。日本预防接种的国家责任体系对于我国具有借鉴意义。

It is necessary to analyze the harmful issue caused by qualified vaccine from the aspect of national responsibility in public law. The particularity of vaccination behavior is the premise element for understanding the obligation that the state should be responsible for in its behavior. The government is responsible for multiple duties of care in vaccination behavior,which include entire supervision and specific implementation. The infringement of duty of care could lead to the compensation liability. Although there is no infringement of duty of care,according to the consequential liability,the individual could also acquire for state compensation. Japan's vaccination national responsibility system has its significance for our country.