日本预防接种行政与国家责任之变迁

Change of Vaccination Administration and State Responsibility in Japan

作为典型的风险领域,预防接种风险与收益并存。从1948年颁布《预防接种法》至今,日本预防接种制度目的从社会防卫走向个人防卫,预防接种行政也经历了从集中接种、强制接种走向个别接种、劝奖接种的转变,法律责任从无责任、民事责任转为损失补偿和国家赔偿责任。上述变革是日本预防接种理论和实践在反复质疑、论证和妥协后所寻求的一次次平衡,其制度背后的实践困境、理论探讨和变革过程值得我国借鉴。

As one typical risk area, there are both benefits and risks in vaccination. Since 1948 when the Vaccination Law was released, its purpose changed from social defense to individual defense, the related administration changed from centralized and mandatory vaccination to individual and awarding vaccination, and the related legal responsibility changed from no responsibility or civil responsibility to loss compensation and state compensation. These above changes are the balance after repeated questioning, reasoning and compromise in theory and practice in Japan, the behind practical plights, theoretical discussion and change processes of which are worthy of our reference.