Research Of Legal Responsibility In Medical Beauty Disputes

“The desire to look attractive is universal”.Chinese economy blossomed,the quality and standard of people's living greatly improved.The demand of pursuing and presenting beauty increases everyday.However,in the high-speed improvement of the cosmetic industry,more and more legal disputes are caused by it.Whether we could appropriately solve those disputes and guarantee the rights of cosmetic services receivers have become an important factor of social harmony and stability.Aiming at problems above,this thesis intends to start with three cases of medical beauty disputes.By analyzing the cases,this thesis explores the applicable space of liability for breach of contract and tortious liability and which liability is easier to get compensation.In the end,this thesis will analyzed the differences of different cases in law application and summarized two advice to healthy development of cosmetic industry.This thesis is divided into four parts:Part one will research and discuss basic law problems in medical beauty disputes.Including the concept of medical beauty,the unique features of medical beauty in treatment purposes,operation method and the promised results,and the differences between medical beauty and plastic surgery.Then,three typical cases were introduced,and problems in them were summed up by their types.Part two is to research the liability for breach of contract in medical beauty disputes,including the validity of contract,liability composition of cosmetology hospitals breaching contract and the liabilities they should undertake.Analyzed the reason of should not claim the liability for breach of contract when cosmetology accepters were dead.Part three is to research tortious liability in medical beauty disputes.This part will firstly analyze the composition of tortious liability.Then,it will explore the principal of imputation in medical beauty torts.At last,it researches the extent of responsibility in medical beauty torts.Part four introduces the solutions to anspruchsshokurrenz of liability for breach of contract and tortious liability.This part includes the related theories about the anspruchsshokurrenz of civil-law,the laws and regulations about anspruchsshokurrenz theory in our country and the application of it in specific cases.