| dc.description.abstract | Vaccination is very important in the national public health policy. It protects individuals from disease. For the Nation, highly herd immunity can provide public immunity, thus effectively preventing the serious and infectious diseases. However, the justification of the vaccination policy is related to the people′s health rights and national protection obligations. Under this circumstance, the legal theory of the ＂vaccine injury compensation system＂ will be affected. In Taiwan, the Regulations of vaccine injury compensation do not elaborate an appropriate reason for compensation. The academic opinion thought that the vaccine injury compensation system is based on the special sacrifice theory, but compared to the German vaccine injury compensation system, our legal theory is devoid of matter. Therefore, this article takes the legal theory of vaccine injury compensation system as the core of the research, and reviews the lack of the current regulations in Taiwan. This article argues that: First, with reference to the legal theory of vaccine injury compensation in Germany, we shall be establish a hierarchical compensational legal theory, and according to the type of vaccination, the regulatory effect, the nature of vaccine and the interest of immunization can be comprehensively evaluated. Second, due to the legal theory of vaccine injury compensation system, this article will refer to the vaccine injury compensation norms of Germany, and put forward appropriate comments on Law standard, deliberation practice, causality and burden of proof. Hopefully, it could be beneficial to provide a more comprehensive protection of the victims of vaccination and to implement the legal theory of vaccine injury compensation. | en_US |