Rights Conflicts Of Medical Cosmetology And Its Legal Responses

With the development of economy and the improvement of living standards,people are becoming more and more pay attention to appearance.in pursuit of a higher quality of life,medical cosmetology also penetrated into public life.However,medical cosmetology realize the beautiful dream for people,at the same time,also caused a series of social problems and conflicts of interest.the rights conflict of medical cosmetology is particularly notable problems.this article as the medical cosmetology for research object and discuss these rights conflict and law may give response.In addition to the preface and epilogue,this paper be divided into three parts.The first part is an overview about the situation of the medical cosmetology,which is to pave for the later discussion.Medical cosmetology is an emerging medicine that represents a set of medical science,psychology,aesthetics and ethics.Therefore,there are some characteristics on it,such as psychological aesthetic,non-essential,traumatic and high risk.Nowadays,with the development of economy and science after the reform and opening,Medical cosmetology is more and more popular with ordinary Chinese and showing a prosperity trend in China.Meanwhile,it also leads to some new inevitable rights conflict.The second part shows the three major rights conflicts caused by the freedom of beauty from the medical cosmetology surgeon,which is mainly through the example of real case.First is the conflict between the privacy of the operator and the right of public awareness;the second is between the free pursuit of beauty and others personality right.About the last collision,if someone chooses to “clone” to a celebrity's appearance,whether based on the commercial or non-commercial purposes,medical cosmetology behavior may violate the rights and interests of personality right of "model".Especially when the two people are extremely similar appearance and the public can not easily identify.The third part discuss how to response the conflict of rights in law.First of all,from the macro concept,on the one hand,it recognizes the surgeon's free pursuit of beauty,that means "the law is not prohibited are free",the beauty through medical cosmetology on people should be supported and protected legally.On the other hand,"free freedom should be limited",that is to say,the absolute freedom does not exist.Specifically,it is necessary to carry out certain restrictions and intervention for free pursuit beauty,while the medical cosmetology is incompatible with their own health,others rights and interests or social and public benefits.And then from the principle point of view,it makes four-point explanations for the conflict on the three types of rights.Firstly,health should be the bottom line for liberal pursuit beauty through medical science.Medical cosmetology must be operated with "minimum damage" or "reasonable damage,simultaneously,for the behaviors,which may serious injury human's life and health or the technical risks are uncontrollable,should be banned.Secondly,in order to take the interests of stakeholders and publics into account,the necessary restrictions for the privacy of surgeon are needed in a large extent.Thirdly,“clone” to others completely is not allowed,the "imitation of plastic surgery" on the commercial purpose should be limited and on the non-commercial purposes can be tolerant.Fourthly,it also should be subject to legal inhibitions if there is a serious departure from the public order and customs.Finally,the article comes up with some details from the micro level for juridical regulation;we should pay special attention to the following places.By the surgeon should have full civil capacity;the medical cosmetology behavior should be limited on the human who is minors,special physical,mental illness or mental disorders have serious deviation;medical cosmetology should be have the limitation on the times and frequencies.