Research On The Application Of The Principle Of Liability For Medical Cosmetic Damage In My Country

With the continuous development of social economy and culture,people's demand for beauty is growing day by day.The growing demand for beauty has provided a huge market space for medical cosmetology services.According to data from Frostsullivanshu,in 2019,the size of China's medical beauty market was nearly 176.9 billion yuan,with 13.672 million medical beauty users,making China the world's second largest medical beauty market.[1]However,the contradiction between supply and demand imbalance in the field of medical cosmetology services is becoming increasingly prominent,mainly manifested as the contradiction between people's urgent demand for high-quality and high-level medical cosmetology services and the limited supply of high-quality medical cosmetology resources.Due to the lack of quality resources of medical cosmetology,the problems such as false qualification of medical cosmetology institutions,exaggerated and false publicity of cosmetology effect frequently appear,which ultimately leads to the increasing number of medical cosmetology damage cases year by year.According to statistics,there are up to 20,000 disputes and complaints caused by medical cosmetology injuries in China every year.On May 29,2020,Shanghai issued its first white paper on medical cosmetic dispute cases,which systematically summarized the characteristics of medical cosmetic dispute cases.At the same time,the book statistics the types of medical cosmetology dispute cases accepted by Changning District Court since 2017,in which the liability dispute for damages accounts for 82.28%,and points out that there are three major problems in judicial determination of medical cosmetology injury cases:"it is difficult to apply the law;Evidence certification is difficult;It is difficult to unify the standard of medical cosmetology and beauty therapy.And the imputation principle in the "difficult application of law" has once become the focus of legal discussion.Therefore,the author thinks it is necessary to carry out in-depth discussion and research on the application of the principle of liability in medical cosmetology damage cases.In this paper,the author uses literature analysis,case analysis and comparative analysis to systematically sort out the legal provisions and scholars' views of the principle of liability for medical cosmetology damage in China at the present stage,so as to discuss the problems existing in the application of the principle of liability for medical cosmetology damage.At the same time,we draw lessons from the relevant foreign laws and regulations,and put forward some suggestions for improving the legislation of liability principle of medical cosmetology in China.The author found the following problems when studying the existing literature on the principle of imputation of medical aesthetic damage:firstly,when the existing literature studies the legal issues of medical aesthetic tort,the principle of imputation is only a part of it,and few scholars have conducted separate research on the principle of imputation of medical aesthetic damage;Secondly,in previous studies,literature analysis method and comparative analysis method are mostly used,and lack of empirical analysis of the principle of imputability.The research content and perspective are not comprehensive enough,and the scope of discussion is relatively fixed.Thirdly,in the research literature of traditional law,"fairness and justice" is regarded as an important standard to measure the legal value of the principle of imputation.But the "justice" is based on certain economic ideology,historical and relativity,the final measure of "justice" to see if it can promote the social progress,and conform to the best interests of most people,the traditional law lack of measure whether the imputation principle to maximize social benefit quantitative tools,The "legal efficiency view" of law and economics just provides such a tool;Finally,although the viewpoints proposed in the existing research literature are diverse,most of them are only theoretical discussions without connection with practice,and the author believes that the research needs to be improved.From the perspective of law and economics,this paper studies the imputation principle of medical cosmetology damage,which has the value of perspective innovation.This study focuses on the analysis of the incentive effect of "fault principle" and "no-fault principle" on preventive behavior,and from the perspective of prevention advocated by law and economics,it elaborates the liability types that the principle of liability applies to medical beauty damage.In the first part,the author sorts out the existing legal provisions of the imputation principle of medical cosmetic damage,as well as the existing viewpoints of scholars and the disputes arising from the imputation principle of medical cosmetic damage,and focuses on explaining the causes of the existing disputes and the impact of the particularity of medical cosmetic on the imputation principle.The second part summarizes the provisions of the principle of liability for medical cosmetology damage in foreign laws,and summarizes the experience that needs to be used for reference.The third part analyzes the problems existing in the existing research and explains the basic theories and methods of legal and economic analysis.The fourth part,based on the theory of law and economics,analyzes the fault liability and no-fault liability in the imputation principle of medical cosmetic damage,and explains the respective advantages of the imputation principle.At the same time,this paper analyzes the controversial points in applying the principle of medical cosmetology damage liability.The fifth part puts forward suggestions on the application of the principle of liability of medical cosmetology through the above analysis,aiming to establish a diversified application system of the principle of liability of medical cosmetology damage.