Research On Liability For Medical Cosmetic Damage And Its Judicial Relief

The contradiction between the actual demand for a large number of medical beauty damage rights and the few cases of medical beauty damage liability disputes makes the author pay attention to the judicial relief obstacles of medical beauty damage.This article focuses on the special field of medical beauty,search for the current law and medical beauty damage liability dispute cases,trying to accurately locate the existing judicial relief barriers and propose solutions.The full text follows the discovery problem-analysis problem-the solution to the problem,based on the information extraction of the content of the case and the existing relevant laws and regulations and judicial interpretation including the "Contract Law","Torture Liability Law","Consumer Protection Law" The "Classification of Human Disability Identification Level" and "Interpretation of Several Issues Concerning the Applicable Law of the Supreme People's Court on the Trial of Medical Damage Liability Disputes" and other materials are discussed in this topic.The full text is divided into four parts:Firstly,the introduction leads to the background and significance of the topic.Through online search and media reports,a large number of medical beauty damages have not been met.The search for the cases involved found that different courts have determined different cases.Whether it is refunded whether the medical beauty expenses are refunded in the case of the establishment of the infringement,whether the medical beauty belongs to the daily consumption,whether the punitive damages of the Consumer Protection Law can be applied,and the adoption of the self-inflicted risk defense proposed by the medical beauty institution Different understandings,such as differences or doubts,are problems that cannot be avoided by parties who are trying to resort to the judicial settlement of disputes,and also plague the court of first instance.Therefore,in light of the above controversial issues,the following discussion will be initiated.The first part introduces the official definition of medical beauty and the main body of implementation and the status quo of the industry development.It is precisely because there is room for development that is worthy of expectation.It is also necessary to formulate rules,powers and commitments system and facilitate the judicial development in favor of the benign development of the industry before the arrival of the golden phase.Relief barriers,introduced the main body of the regulatory law in thehistorical stage of the medical beauty industry and the functions expected by the various departments.The existing regulatory bodies include the Ministry of Health and the China Plastic Surgery Association,which is an authorized auxiliary regulatory body.By clarifying the content of the regulatory law and the functions of the supervisory body,we can find the cause of the loopholes in the actual implementation and provide relevant suggestions for improvement from the system design and functional design.The last subsection of the first chapter is the past case for the liability dispute for medical beauty damage.Not only the introduction of specific situations,but also introduced the applicable provisions of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes.The second part discusses the constitution of medical beauty damage liability from three aspects: the principle of attribution,the constituent elements and the burden of proof.In order to carry out the discussion of these three parts more clearly,we first introduce the factors that cause medical cosmetic damage and the field of medical beauty.The actual situation of the infringement liability and the liability for breach of contract compares the similarities and differences between medical cosmetic damage and general medical damage.The principle of liability for medical beauty damage liability mainly emphasizes the principle of fault liability of medical beauty institutions,and the fault is presumed to be the exclusive method of liability.In addition,its constituent elements and general medical damage liability also include illegal medical cosmetic behavior,fault,damage consequences and causality.At the same time,each of the constituent elements is introduced to highlight the differences with general medical damage liability.The difference is that it is easy to cause controversy in practice.Finally,it mainly discusses the content of the burden of proof on the recipient of the medical beauty service.The law provides the right to prove the opinion of the service recipient indirectly.Appraisal institutions and appraisal contents of cases of cosmetic damage liability disputes should be emphasized and improved.The third part analyzes the case of disputes about medical beauty damages that have been retrieved.The specific judicial relief obstacles are mainly manifested as follows: 1.Liability and co-opetition and lack of compensation for breach of contract mental damage result in no comprehensive relief regardless of the choice of responsibility.Second,the existing medical beauty damage identification is included in the medical damage identification system,the difference between the two identification professionals,identification focus,identification basis,and identification standardsmake the aesthetic loss of medical beauty damage uniquely unable to obtain compensation basis,and the main trial The court relies excessively on the appraisal opinions.Third,the risk of medical cosmetic damage is unreasonable from the economic point of view by the recipient of the medical beauty service;Fourth,the scope of compensation is too narrow.The obstacles are actually in the same vein,and there is a cascading effect between them.The fourth part: The detailed discussion of the problem-solving and problem analysis part of the previous article has laid the foundation for the solution of the following problems.On the relief issue caused by the responsibility of the competition,the proposal of applying the contract law as a principle of medical beauty damage liability dispute is proposed.The completion of the informed consent section of the surgery proposes a comprehensive and effective explanation of the steps taken by Korean practicing physicians in fulfilling their explanatory obligations and can refer to the findings of the plastic surgery department of a medical institution in Shaanxi Province to design an informed consent form.Regarding the appraisal,suggestions for improvement are put forward from the aspects of appraisal system,appraisal subject and appraisal standard.Regarding the medical beauty market mechanism,suggestions have been put forward from the insurance market,the regulatory market and the advertising market.