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Research On Civil Responsibilities Of Aesthetic And Medical Organizations

Posted on:2016-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q XingFull Text:PDF
GTID:2296330461451647Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of material standard, people attach more importance to personal appearance and image, thus cosmetology has obviously become a trend of the new age. Meanwhile, the frequent medical cosmetology injuries resulting from the uneven medical cosmetology qualities increasingly arouse the deep thoughts concerning what civil responsibilities the aesthetic and medical organizations should take and how to protect the legal rights of the people undergoing the cosmetic surgeries in both theoretical and practical circles.Differing from life cosmetology which purely relies on cosmetology or health care products, medical cosmetology needs to apply medical technology methods for cosmetic improvements; also differing from conventional medical treatments, it is a kind of medical treatment which is used to restore and reshape people’s appearances and meet the healthy people’s spiritual demands to become beautiful. The particularity of medical cosmetology decides the particularity on its applications of laws. However, the simplicity of the contents, the strong principles and the poor operationality often result in juridical inconsistencies of ‘different verdicts in the same kind case’ when the court is faced with numbers of complex medical cosmetology dispute cases in practice, which seriously damage the authority of the law. Therefore, it’s necessary to delve into it so that we can propose some detailed sound suggestions.The article consists of three parts including introduction, body and conclusion.The introduction introduces a typical case of medical cosmetology dispute. Through the analysis on the case combined with the practices of the court hearing this kind of case, the article proposes four focuses of the dispute, which illustrate the necessity of the research on the civil responsibilities of aesthetic and medical organizations and point out the research meaning of the article.The body consists of four parts:The first part mainly analyses the nature of medical cosmetology and its organizations. The article reaches a conclusion of the particularity of its nature through the definition of medical cosmetology.Despite of having the natures of ordinary medical institution, medical cosmetology institution is a kind of for-profit institution, so it should be distinguished from ordinary medical institution on the legal application. This article studies on the natures of the relations between medical treatment and cosmetology. On the help of research results of current theoretical circles’ ‘Service Contract Theory’ and ‘Medical Contract Theory’, the author put forwards ‘Special Medical Contract Theory’.The second part mainly focuses on the responsibility type and legal application of medical cosmetology controversy. As there generates concurrence of liability for tort and liability for breach of contract in medical cosmetology controversy, the author tends to put forward that proposing tort is abler to maintain cosmetology patients’ rights and interests in the practice. Aiming at the chaos of medical cosmetology’s current legal application, the author conducts analysis on four laws and regulations often applied in practice and hopes to find out the best legal relief program for medical cosmetology injury through the analysis on advantages and disadvantages of every law and regulation’s application.The third part mainly focuses on liability identification of medical cosmetology controversy. The liability subjects of medical cosmetology controversy are medical cosmetology institutions, including cosmetology institutions of illegal medical practice. The identification of medical cosmetology controversy must comply with relevant components. It is necessary to conduct judicial identification on the identification of injury results on the basis of sociology, combing with forensic medicineThe forth part puts attention to the accountability of medical cosmetology institutions. The compensation scope of medical cosmetology injury doesn’t only include compensation for material damages, but also compensation for spiritual damages. The compensation for spiritual damages is more important in medical cosmetology, as it is a kind of special medical action to meet spiritual demands. So, the calculation method of spiritual damages is worth researching. Meanwhile, the author gives a brief introduction of other liability forms such as continuing to operate and taking other remedial measures.The last part makes a theoretical comment and analysis on the cases referred in the article, combining with the research results of the main body.
Keywords/Search Tags:medical cosmetology, legal application, liability identification, accountability
PDF Full Text Request
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