| The continuous and steady development of contemporary society,the optimization of the economic structure and the intensified competition for talents have promoted the appearance of image factors to become increasingly important in social life.In order to gain advantages in various occasions such as school enrollment,job search,marriage,and other relationships,and to improve their quality of life,the general public has begun to use medical aesthetic technology more and more widely to change their appearance characteristics.However,with the rapid development of medical cosmetology,the industry’s insufficient supervision has caused chaos in the industry,thus exposing the lag of law.The "Medical Cosmetology Service Management Measures" implemented by the Ministry of Health of China on May 1,2002 belongs to laws and regulations that specifically restrict the chaos in the medical cosmetology industry,and its legal rank is low.Up to now,research on illegal medical cosmetic behaviors is mostly focused on the fields of civil and administrative law,and few researches on criminal medical fields around illegal medical cosmetic behaviors.Faced with serious damages to beauty objects,such as the right to life and health,there are constant occurrences of cosmetic injuries,but the absence of criminal law cannot guarantee the effective protection of rights of beauty objects.Based on this,this article intends to explore the problems of illegal medical cosmetic behavior in Chinese criminal law,and propose targeted measures.This article will discuss the following four parts:The first part is the current status of the regulation of illegal medical cosmetic behavior in Chinese punishment.It is pointed out that Chinese bias in illegal medical cosmetic behaviors is regulated by the use of administrative means and civil means,and there is a phenomenon of ineffective penal regulations.It shows the social value of medical cosmetic behavior,and expounds the operability of criminal regulations for illegal medical cosmetic behavior in China.The second part is the challenge of illegal medical cosmetic behavior to our criminal law.Based on the collection of relevant literature,the dialectical argumentation method is used to explain the problems faced by Chinese illegal medical cosmetic behavior.It mainly includes that the scope of the criminal law legislation that can be adjusted too narrow,and the subject of the crime involved is insufficient,it means that is not included in the unit crime.In addition,the penalties for the crimes of medical accidents are relatively light,and the out-of-scope physicians’ behaviors are not clearly classified as illegal medical practice.The third part is the criminal law regulation of illegal medical cosmetic behavior outside the territory and its significance for reference.This article analyzes the horizontal status quo of illegal medical cosmetic behaviors,outlines the criminal regulations of illegal medical cosmetic behaviors in foreign countries,and summarizes experiences that can be used for reference in China.The fourth part is the criminal law protection path of illegal medical cosmetic behavior.Corresponding to the problems faced by China’s illegal medical cosmetic behaviors,criminal regulations are proposed in terms of sound criminal subjects and detailed provisions.Focusing on illegal medical cosmetic behaviors,positioning crime-related problems caused by illegal medical cosmetic behaviors,and proposing corresponding measures to achieve effective regulation of criminal law,help to better protect the basic rights and interests of applicants,and be able to fill leaks in academic research and law application. |
