The Study Of The Punitive Damages In China's Medical Beauty Service Dispute

With the fast development of Chinese market economy,and upgrade of consumption market,Medical Beauty has become the important demands for people's daily life.However due to the lag behind supervisor of the industry,so inevitably the waters were muddied and the bad became mixed with the good,even there is lage amount of fraudulent consumer behavior,thus brings negative influnce to the industry,and caused great losses to the consumer.So wether it is possible to apply the Punitve Damages to protect consumer who got losses from the fraudulent consumer behavior in the process of Medical beauty service.The Chinese Consumer Protection Law has introduced Punitive Damages in Cluase No.55,stipulates that the business dealer will respond for the Punitive Damages if he has fraudulent consumer behavior,but there is no specific provision in Chines law,regulations and judicial interpretation related to the application of medical beauty dispute to Consumer Protection Law,and there is also no clear regulation for wether the subject of medical beauty sevrvice belong to the scope of the Claus 2 of the Consumer Protection Law.This is the very important issue,it determines the Punitive Damages take effect.There is different views in judicial precedent.Different courts,with different judgment,even different judgment for the same case in the Fist Trial and Second Trial.It reflects discrepancy in application of law in judical practice in medical beauty dispute cases which has fraudluent consumer behavior and different standerd of Punitive Damages.There for,how to correct apply the Consumer Protection Law to medical beauty service dispute,and how to correctly understand and apply the Punitive Damages,to farely and effectively sovle the medical beauty service dispute,has become the important work in judical practice,and the needs of protect consumer,also this is the subject of this thesis.