Study On Application Of Consumer Protection Law For Non-therapeutic Medical Cosmetic Behavior

Non-therapeutic medical cosmetic behavior is an invasive,traumatic behavior to improve or trim healthy people's appearance or body parts,which is not for the purpose of treating diseases.Non-therapeutic medical beauty consumption has become a common consumption of beauty lovers in today's society.However,because of its invasive and traumatic characteristics,non-therapeutic medical beauty behavior is more dangerous and uncertain than general consumption behavior.As a result,there is a dispute in the academic circle on the determination of the legal nature and the choice of legal application of non-therapeutic medical cosmetic behavior.Supporters and opponents have debated whether non-therapeutic medical cosmetic behavior belongs to consumer behavior and whether it is applicable to the Consumer Rights and interests Protection Law.The legal nature of non-therapeutic medical cosmetic behavior affects the choice of legal application of medical disputes.Therefore,the legal nature of non-therapeutic medical beauty behavior should be made clear.In the legal relationship of non-therapeutic medical beauty,consumers and medical institutions belong to business institutions,and the nature of non-therapeutic medical beauty behavior accords with the equal duality of the object adjusted by the elimination law.Therefore,non-therapeutic medical beauty behavior belongs to the adjustment scope of the Law on the Protection of consumers' Rights and interests.Bringing this behavior into the adjustment scope of the consumers' protection law is beneficial to realize the protection of the weak in the consumers' protection law to those who seek beauty,and also provides more ways and possibilities of legal relief for those who seek beauty.However,affected by the unclear legal nature of non-therapeutic medical beauty behavior,the unclear legal relationship between laws related to medical beauty behavior,the unclear obligations of operators of medical beauty institutions and inconsistent application standards of punitive damages,there are phenomena in the judicial practice of non-therapeutic medical beauty disputes that tort liability law is applied in most cases,elimination law is not applicable in some cases,and that fraud identification standards are different in the application of elimination law cases.Therefore,in order to solve these problems,it is necessary to legislate the application of non-therapeutic medical beauty behavior,clarifying the obligations of the operators of medical beauty institutions,determining the nature of non-therapeutic medical beauty behavior,clarifying the legalsystem related to medical beauty,perfecting the punitive liability system.That is to say,in the aspect of legislating the application of non-therapeutic medical beauty behavior,it can be clarified through the amendment of the Consumer Rights and Interests Protection Law or the formulation of relevant administrative regulations;in the aspect of the operator's obligation of the medical and beauty institution,it mainly to stipulates the obligation of providing service according to the agreement,the obligation of strict disclosure and the obligation of psychological guidance;in the aspect of determining the nature of non-therapeutic medical beauty behavior,it should be clarified that non-therapeutic medical beauty behavior belongs to special consumption behavior;in the aspect of clarifying the legal relationship,we should clarify the relationship between the Consumer Rights and Interests Protection Law,the contract Law and the Tort liability Law;and in the aspects of improving the punitive liability system,it depends on the identification of fraud and intentional product infringement.