Abstract:
In terms of the problem of vaccination damage, China has currently provided two relief paths. For abnormal reactions of vaccination, administrative compensation system is applicable, while for non abnormal reactions, civil infringement can be applied to obtain compensation. However, as for the civil compensation system, through the statistical analysis of judicial cases, it can be found that there are many defects in its practical application, such as poor connection with the administrative relief system, difficult identification of causality, unreasonable distribution of burden of proof, and different compensation standards for mental damage. Therefore, it is necessary to further improve the vaccination damage compensation system, and put forward improvement suggestions on the existing problems, so as to enable the injured party to receive adequate relief, thus building a good medical order in China.