Research On Legal Issues Of Facial Plastic

Facial plastic, also known as "the mask". In order to achieve the facial plastic certain requirements on the appearance, the facial plastic cosmetic institution based on the will of facial plastic person, through artificial surgery, drugs, medical devices and other traumatic sex or invasive medical technology method to repair their face. At present in our country, it hasn’t facial plastic legal problems in system and in-depth research. This article through studies facial plastic theoretical foundation, from multiple perspectives such as legal regulation, law and economics, positivism to analysis facial plastic personality confuse the issue, the identification problem and the legal supervision problem.This paper puts forward the corresponding solutions, trying to form a complete and effective legal system of facial plastic, and to fill the gap in the field of law.The thesis constituent by five parts:The first part is the concept and classification of facial plastic. On the based of definition the concept of facial plastic,use the method of rule out to classification.First, based on whether can be recognition divided into identifiable beautification type facial plastic, Second,in allusion to unrecognizable facial plastic, based on whether repair is the reason of facial plastic divided into:the rehabilitate facial plastic surgery that one person in case of accident (such as car accident), so as to repair the damaged facial; Metamorphosis type plastic, that is change to a original appearance which is different from themselves and the other people’s. Besides,there is another type facial plastic,clone cosmetic, which characteristic is copying other people face, the special problem of this type is more easy to produce right problems of personality.The second part, the legal analysis of facial plastic. First to make sure the facial plastic qualitative, facial plastic is a kind of game behavior between individual freedom and rights of others.with the civil legal nature and administrative legal nature. Secondly introduces the relationship of facial plastic legal,plastic have five legal subject: facial plastic person, the portrait person, cosmetic institution, supervision and administration institution, and the public security organ.On the one hand,some of them have the horizontal legal relationship (such as the dispute relationship between facial plastic person and cosmetic institution) and longitudinal legal relationship (such as the supervise relationship between supervision and administration institution and cosmetic institution). Finally, analysis the impact to traditional facial plastic legal theory, mainly from five aspects,the freedom and order theory, the civil law theory, the identity management theory of administrative law,the rights conflict theory and the social ethics theory.The third part, the personal confusion problem of facial plastic and how to resolve it. The main impact to the portrait person is damage their right of portrait, reputation and commercialization.To the infringe behavior of facial plastic, we can from three aspects to regulation:First,expressly rule "without the portrait consent, others shall not use his portrait".Second, clearly the reasonable use boudary of clone facial plastic; Three is to establish responsibility system of the facial plastic and the portrait person.The fourth part, the identity problems of facial plastic and how to resolve it. Facial plastic will produce three questions, how to transact the id card for facial plastic, how to publicity the portrait of facial plastic person and the problem public security management. In order to avoid to produce identity authentication problem, on the one hand we can through establish a process of standard management and establish a system of public the identity of facial plastic person to achieve the purpose of prevention beforehand; on the other hand,we can through update the identification technology to achieve the effect of control after the event.The fifth part, the legal supervision of facial plastic implementation. First analyzes the present situation of facial plastic supervision, summing up the chaos order of cosmetic industry, the powerless supervise of cosmetic industry and the incessant disputes of facial plastic. Then put forward the reform plan of facial plastic supervision.First of all,the cosmetic industry must to work out their own regulations; Secondly,it is to strengthen the management of the regulatory agencies; Thirdly,public opinion ought to be play an important role in facial plastic supervision.