Study On Criminalizing The Harmful Behavior Of Medical Cosmetology Negligence

Medical cosmetology is carried out by doctors with legal medical cosmetology qualifications,relying on medical theoretical knowledge and clinical skills,and aiming at optimizing the shape of various parts of human body.It's damaging to patients and the result is probable.It is essentially a medical act.Medical cosmetology realizes the subjective aesthetic desire of patients to pursue the unity of health and beauty,and the main justification is patients' consent.With the rapid development of the appearance level economic industry,medical cosmetology has become an indispensable medical service project.However,the frequent occurrence of medical cosmetology accidents has become a serious social problem.This is closely related to the high risk of medical cosmetology.But doctors' fault has greatly increased the unknown risks and should be punished.Out of negligence,doctors have implemented inappropriate behaviors in the process of medical cosmetology operation,which eventually led to serious patient casualties.This is the harmful behavior of medical cosmetology negligence that should be evaluated by criminal law.Once the crime is constituted,the basic conclusion is medical accident crime.At present,the judicial practice has some defects in the way of dealing with the disputes caused by medical cosmetology negligence.Firstly,it mainly depends on the adjustment of civil and administrative laws,but criminal law seldom intervenes.Secondly,in cases where criminal law is applied,the judgment reasoning is not convincing.Therefore,we must pay attention to the proper participation of criminal law in such cases,and standardize the application of medical accident crime.In the field of medical cosmetology with high specialization and uncertainty,we should adopt new negligence theory and the theory of Act No Value Dualism to judge medical cosmetology negligence.If we put the theories of duty of care,ability of attention and causality into the field of medical cosmetology negligence,it will have its particularity.The essence of medical cosmetology negligence is to violate the duty of care in medical cosmetology.Its obligations mainly come from the legal norms,medical habits and routines,authoritative literature and materials related to medical cosmetology.The duty of care in medical cosmetology includes the duty of foreseeing and avoiding the result.The ability of attention is the premise of performing the duty of care and the judging standard is the level of ordinary doctors in the field of medical cosmetology.In addition,the scope of accountability should not be broadened,and the two theories of permitted danger and victims' commitment can achieve reasonable limitation.Whendetermining the causal relationship between the act of medical cosmetology negligence and the result of damage,we should realize the function of medical accident identification opinion to find out medical facts and its position of assisting to find out facts in criminal proceedings.We should not rely on it too much.In the specific process of causality judgment,it is not suitable to use the epidemiologic causation theory,but to introduce the objective imputation theory.Standardized,systematic and precise objective imputation theory can effectively solve the problem of causality identification in the field of medical cosmetology negligence.