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Research On Injury Compensation Of Medical Cosmetology

Posted on:2020-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2416330602461649Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the constant pursuit of beauty,medical cosmetology has become more and more popular among beauty-loving people,and medical cosmetic organizations have been springing up.At the same time,the disputes over injury compensation of medical cosmetology are also increasing.However,due to the lag of the law,there is a problem of non-uniform application of laws when resolving such problems.Therefore,the issue of injury compensation of medical cosmetology has important research value.The first part of this paper discusses "whether medical cosmetology behavior is a medical behavior." Firstly,the paper discusses the definition and nature of medical cosmetology,and elaborates on the five characteristics of medical cosrretology.Secondly,compare the definitions of the two to find the commonalities and differences between medical cosmetology behavior and medical behavior.Finally,through deep analysis,it is concluded that medical cosmetology behavior should belong to medical behavior.The issues discussed in this paper are also based on this conclusion.The second part discusses the legal application of injury compensation disputes of medical cosmetology in detail.The author separately discussed the relevant provisions of the four laws and administrative regulations on the resolution of injury compensation disputes of medical cosmetology,namely the Contract Law,the Tort Liability Law,the Consumer Rights Protection Law and the Medical Accident Treatment Regulations.At the same time,in view of the different situations in which the above-mentioned laws and administrative regulations appear in the application of laws,the author fully combines the connections and differences between medical cosmetology behavior and medical behavior,and has made a targeted discussion from the perspectives of the advantages,limitations and suggestions for the application of laws and regulations to comprehensively analyze the application of laws of injury compensation disputes of medical cosmetology.The third part discusses the legal responsibility of injury compensation of medical cosmetology.The way of compensation mainly including compensation for material damage and compensation for spiritual damage.For the former,the author cites the compensation items and standards in detail;for the latter,the author discusses the applicable conditions.At the same time,the factors that should be considered when the judges exercise discretion to calculate the amount of compensation for spiritual damage have also been explored accordingly.In addition,the author also combines the second chapter of this article to expound the relevant provisions of the above four laws and administrative regulations to solve the compensation problem.In the fourth part,the author puts forward some suggestions for the problems of injury compensation of medical cosmetology,starting from the construction of relevant legal systems,insurance promotion,and provides some suggestions for the solution of injury compensation of medical cosmetology.
Keywords/Search Tags:medical cosmetology, tort liability, liability for breach of contrac, medical malpractice
PDF Full Text Request
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