Research On Compensation For Mental Damage Of Victims Of Medical Beauty Infringement

With the gradual improvement of people’s living standards and the maturity of medical cosmetology technology,the medical cosmetology industry develops rapidly,and the number of medical cosmetology disputes also increases.Medical cosmetology refers to the use of drugs,surgery,medical devices and other traumatic or irreversible medical technology to repair and reshape the appearance of human body and the shape of various parts of the body.Failure of medical cosmetology operation will generally cause damage to personal rights and interests,so mental damage compensation will be generally claimed.Because of the compensation for mental damage caused by the infringement of medical cosmetology,the relevant research is not concentrated at present,and it is mostly scattered in the overall research on the damage of medical cosmetology,and the research on this subdivision is still in the initial stage.Therefore,this paper discusses the mental damage compensation system formed by the tort of medical cosmetology from the perspective of special research,in order to make some contributions to the relevant theories in this field.This paper mainly discusses from four aspects:The first part is the introduction of the paper.By introducing the research background and significance,the paper has a preliminary explanation of the theme of the compensation system for mental damage caused by the infringement of medical cosmetology.It also introduces the era and practical background of the emergence of the theme,and then demonstrates the theoretical meaning of the research on this theme.Then in the introduction part,it introduces the research related to this topic,mainly focusing on the relevant theoretical research outside the region.Through the study of these relevant theoretical experience,the most basic theory to study the mental damage of medical cosmetology tort in this paper is obtained,which lays a good foundation for the follow-up study of this paper.Then the research contents and methods of this paper are discussed and the innovation points of this paper are put forward.The second part is an overview of the compensation system for mental damage of medicalcosmetology.It defines the concept and theoretical basis of mental damage of medical cosmetology tort.First of all,the concept of medical cosmetology is clarified,and the medical service contract is defined,and then the specific distinction and content of medical damage and medical infringement is clarified.Then the contents of compensation for mental damage are summarized and the scope and standard of compensation for mental damage are explained.Thirdly,it analyzes the problems existing in the system of compensation for mental damage caused by the tort of medical cosmetology.In this paper,the problems existing in the current tort of medical cosmetology are discussed through relevant judicial precedents,mainly including the problems of subject qualification,and the inconsistent of the amount and standard of the compensation for mental damage whether the infringed belongs to consumers who are still in doubt.Through the introduction of these three aspects of the case,the corresponding problems are analyzed.Fourth,it is to the medical cosmetology infringement of the compensation system for mental damage causes,through the introduction of this aspect of the case,the corresponding reasons for the analysis of the problem.It mainly analyzes the problems from three aspects: the different standards of the identification system of medical cosmetology,the existence of selfrisk defense in medical cosmetology institutions and the natural connection between medical cosmetology and mental injury.Finally,a solution is proposed to establish the standards and scope of the mental damage system for the infringement of medical cosmetology,so as to form the mental damage compensation system applicable to China’s actual medical cosmetology.Mainly through the broadening of the scope of compensation for mental damage of medical cosmetology and the establishment of a specific standard system for the compensation for mental damage of medical cosmetology infringement,the formation of a solution to the current stage of the existence of a variety of medical cosmetology infringement mental damage compensation for specific suggestions.