疫苗施打不良反應的責任歸屬（上）

Accountability for Vaccine Adverse Reaction

施打疫苗是對抗新冠肺炎的主要措施。施打疫苗所引發的法律問題不少，值得注意。有人基於各種信念拒絕施打疫苗，但由於工作關係必須頻繁接觸人群，工作單位能否強制其施打？施打疫苗之後，引發不少死亡或傷重的狀況，因果關係應該如何評價？這涉及刑責與補償的適用。有些因果關係的評價爭議更大，例如，超出劑量施打、受施打者具有危險體質卻又要求醫護人員施打、混打疫苗，等等而引發不良反應，應該如何適當的評價？本文針對這些問題逐一的討論與回答。

Vaccination is a primary measure in the fight against COVID-19. A number of legal issues arise from vaccination are noteworthy. Can an employer mandates vaccination for people who must be in frequent contact with crowds at work, but refuse to be vaccinated because of various beliefs? How should the causation be determined in the cases of deaths or serious injuries caused by the vaccination. These legal issues involve criminal responsibility and compensation. In some cases, the determination of causation are even more controversial, for example, adverse reactions caused by overdose of vaccination, requesting health care workers to vaccinate when the recipient is of dangerous constitution, mixing and matching vaccines, etc., and how should these causations be properly determined? Each of these questions are discussed and answered in this article.