Research On Legal System Of Medical Cosmetology Damage In China

Since the beginning of the 21 st century,under the influence of the Korean Current,the people of our country have become more and more receptive to medical cosmetology.Under the background of high demand and high profit,the number of medical and beauty institutions is growing rapidly.According to statistics,the output value of Chinese medical and beauty market in 2018 is more than 170 billion yuan.Behind the prosperity of the medical cosmetology industry,there are some industry disorders such as the use of fake and inferior injections and the issuance of false advertisements by undesirable businessmen,which lead to endless medical cosmetology disputes.After sorting out the relevant laws and regulations,it is found that the main norms of the medical cosmetology industry in China are laws and regulations.The substantive laws applicable to hearing cases are the General Principles of the Civil Law of the People's Republic of China,the Law of the People's Republic of China on Tort Liability,the Contract Law of the People's Republic of China and relevant judicial interpretations.These provisions classify them as general medical tort disputes or service contracts.Disputes,to a certain extent,neglect the particularity of medical cosmetology,resulting in a large number of problems in the process of dealing with cases of medical cosmetology damage.The purpose of this paper is to summarize the liability of medical cosmetic damage and summarize the types of medical cosmetic damage liability.Then,combined with practical cases,to study the problems of tort liability of medical cosmetic damage in China.Finally,through comparative law research,drawing on advanced concepts,to put forward suggestions to improve the legal system of medical cosmetic damage in China.This paper mainly uses the methods of literature research,comparative analysis and case study to study the legal system of medical cosmetic damage in China.Literature research provides theoretical basis for the paper and a more comprehensive understanding of the problems existing in the application of law in medical cosmetic damage;comparative analysis studies the relevant legislative theories and systems of the United States,Germany,Japan,New Zealand and Taiwan of China,and compares the legislative theories of medical cosmetic damage in China,so as to summarize theenlightenment to our country;case analysis is carried out through actual cases.The study provides a strong argument for this paper.This paper finds that there are some problems in the legal regulation of medical cosmetology damage in China.From the perspective of judicature,the composition of medical cosmetology appraising group in China is unreasonable and lacks credibility.From the perspective of relief,the lack of insurance system makes the compensation mechanism imperfect.This paper studies the legal norms and systems of foreign countries and Taiwan,and puts forward some Suggestions based on China's national conditions.This paper argues that,from the legislative point of view,special administrative regulations should be revised as soon as possible to make detailed provisions on relevant issues.From the perspective of judicature,the experts of medical aesthetics and psychology should be added to the medical cosmetology damage appraisal group to enhance the credibility of the appraisal.From the perspective of relief,it is suggested to add medical cosmetology compulsory liability insurance to transfer risks.This is more conducive to guide the healthy development of China's medical beauty industry,maintain social order,so that the interests of every beauty get practical protection.