英文摘要
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On the ground of margin of appreciation, the decisions of Supreme Administrative Court used to be in accordance with the opinion of Review Subcommittee on the relief of immunization hazards. However, in the case herein, the Supreme Administrative Court held that if it could be demonstrated that the Subcommittee's opinion regarding causation element is not capable of withstanding rectitude analysis, the judge is entitled to review it, moreover, the proviso of Article 227 Code of Civil Procedure should be applied mutatis mutandis to this action to reverse the burden of proof on causation. This decision revealed that such reversal should apply to the "possibly vaccine-related" cases listed in the Regulations Governing Collection and Review of Relief Fund for Victims of Immunization. This article holds, in concord with the court, that on account of the significance of vaccination on the public health, the burden of proof on the vaccine victims concerning the causation between vaccination and the injury should be properly alleviated.
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