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Research On Distribution Of Burden Of Proof Of Medical Cosmetology Tort

Posted on:2022-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GuiFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the advancement of reform and opening up,the rapid development of market economy,the decrease of Engel's coefficient and the increase of people's disposable income,more and more beauty lovers are pouring into the fashion wave of medical beauty.With the vigorous development of medical cosmetology industry,more medical cosmetology disputes are born,and all walks of life attach great importance to these cases.Researchers also study medical beauty infringement disputes from the perspectives of medicine,management,economics and sociology.The field of civil and commercial law mainly focuses on the protection of personal rights,the identification of liability for damage caused by defects of medical and beauty products,and the compensation for damage caused by beauticians,but few scholars focus on the distribution of the burden of proof in litigation.Legal theorists and practitioners believe that the distribution of burden of proof plays a vital role in medical beauty tort litigation,and it is also the focus of attention of both doctors and patients.Therefore,the author focuses on the distribution of the burden of proof in the litigation of this industry.This paper focuses on the special field of medical beauty industry,searches the current laws and regulations and relevant cases,and tries to accurately locate the existing obstacles in the distribution of the burden of proof in the medical beauty industry,in order to seek a formula case of the burden of proof in line with the judicial ecology and the reality of the medical beauty industry in China.The full text takes the specific problems of medical beauty in the distribution of tort burden of proof,as well as the analysis and solution of problems as the main context.Through the reasonable classification of relevant case data and judgment information collected on the network,and with reference to the current civil code,regulations on the handling of medical accidents and other relevant legislative and judicial interpretations,this paper makes a specific analysis.Firstly,according to the characteristics of traditional Chinese medicine and beauty disputes in China's judicial practice,this paper clarifies the current constituent elements and imputation principles of such infringement disputes.The tort liability compilation of the civil code clearly stipulates that medical infringement is based on the principle of fault and the presumption of fault is the exception of medical beauty infringement imputation.Based on the medical beauty infringement cases searched on the Chinese judgment document network,this paper makes a descriptive statistical analysis,Summarize the characteristics and problems of medical beauty infringement cases in China.Then,it introduces in detail the distribution of the burden of proof between medical cosmetologists and medical cosmetology institutions in medical cosmetology infringement disputes.It explains the distribution of the burden of proof between medical cosmetology and plastic surgery in the field of medical cosmetology and plastic diagnosis,doctors' violation of the obligation of disclosure,damage caused by medical cosmetology products and breach of the obligation of confidentiality.Finally,on how to ensure the reasonable distribution of the burden of proof in the medical beauty industry,countermeasures and suggestions should be put forward on the basis of the current distribution system of the burden of proof in medical beauty tort.Fully learn from foreign experience,the principle of "self-evident facts without proof" in Anglo American law and the principle of "approximate presumption" in Japanese law,and formulate a distribution system of burden of proof in line with China's judicial ecology.
Keywords/Search Tags:Health and beauty, Infringement constitute, Distribution of burden of proof
PDF Full Text Request
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