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强制预防接种的国家补偿应当属于公法上的危险责任,既不同于国家赔偿法确立的以违法为前提的行政赔偿,也难以归入征收征用补偿与衡平补偿的范围。其以公平负担理念为基础,在具体构成上包括“欠缺目的性侵害”、“构成特别牺牲”与“公权力措施形成特定的危险状态”三要件。强制预防接种的国家补偿责任、民事侵权责任与国家赔偿责任具有各自的逻辑基础与构成要件,相互之间并非互相排斥的关系。从制度上考察,我国强制预防接种的国家补偿责任的构成要件、范围与标准都应当予以检讨并完善。
Forced vaccination of the state compensation should belong to the public law of the dangerous liability, is different from the state compensation law established by law as the premise of administrative compensation, it is difficult to be classified as requisition compensation and equity compensation range. Based on the concept of fair burden, it consists of the following three elements: “lack of purposeful aggression” and “constitute special sacrifices” and “public authority measures”. Forced vaccination of state compensation responsibility, tort liability and state liability have their own logical basis and constitute the elements, not mutually exclusive relationship. From the perspective of system, the components, scope and standards of compulsory national responsibility for compulsory vaccination should be reviewed and improved.