Medical And Cosmetic Damage Liability Regime

Medical cosmetology is a method which applys operation, medicine, medical apparatus and instruments, and other medical technology methods that making the traumas or intruding into the body, to renovate and remake the people's appearance and body. It is different from both the medical treatment and life cosmetology, but it has the characteristics of the both. The harm compensation responsibility of medical cosmetology get the responsibility of infringing the rights and the responsibility of breaking the contracts together, but under the existing legal system, mentioning the compensation request for infringing the rights, it will be more advantageous to protect the rights and interests for that persons who harmed in the medical cosmetology. Because the responsibility polymerization system exists the loopholes in our legislation, therefore, it requests the judges to develop sufficiently the power of deliberated determination, consider the conditions, and determinate the compensation scope and the compensation amount.Comparing so many kinds of legal applications, it thought that hearing the case of medical cosmetology harm compensation should take "the General Civil Law "as the basis, take" the Supreme People's Court about Hearing Person Harm compensation Case To be suited Law Certain Questions Explanations" and "the Supreme People's Court about Determination Civil Right infringement Spirit Harm compensation Responsibility Certain Questions Explanations" as the supplement, take "the Regulation of Setting Medical Accident " as the reference. Establishing the harm appraisal standard of the medical cosmetology and setting up the special appraisal organization medical of the cosmetology harm, clinching medical cosmetology harm appraisal content, it has great significance to perfect the medical cosmetology harm compensation system. Promoting "the beautician professional responsibility assurance " and setting up the individual medical cosmetology harm assurance, it is not only advantageous to disperser risk, but also advantageous to develop the medical cosmetology profession and the insurance industry, and it is more advantageous to protect the rights and interests for that people who suffering injury in the medical cosmetology. In the long-range view, the best way for solving so many problems in the medical cosmetology harm compensation is legislation. Improving the responsibility polymerization system and establishing the violation spirit harm compensation system is the development direction of "the Contract Law"; defining the operators and the consumers, and clearing about how to apply the punitive compensation are the problems urgently to resolve in "the Law of Protecting Rights and Interests of Consumers". Bring the medical cosmetology harm compensation into "the Responsibility of infringing rights Law", is not only necessary, but also practical feasible.