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Research On Judicial Application Of Medical Damage Appraisal Opinions In Medical Cosmetic Infringement Disputes

Posted on:2022-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y R HuFull Text:PDF
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With the rapid growth of the level of economic development,the word medical cosmetology has gradually become a high-frequency word in the public's mouth,and the accompanying growth of medical cosmetology consumption is also faster and faster.With the high growth of national medical cosmetology consumption,the number of medical cosmetology hospitals in all regions of the country is also gradually increasing,and the types of medical cosmetology care and invasive plastic surgery are becoming more and more diversified.Behind the growing prosperity of the medical beauty industry,there are many profit-seekers who ignore the law and take advantage of the social psychology of beauty to pursue high profits by breaking laws and disciplines.In the industry,there are a large number of cosmetic hospitals,medical instruments and injections that carry out medical cosmetology operations without formal business licenses,which are fake and shoddy products,cosmetic doctors' inexperience or improper operation resulting in permanent damage,and a large number of medical cosmetology advertisements with false publicity.Such industrial irregularities have also been the main cause of disputes in the medical beauty industry in recent years.By sorting out relevant laws and regulations and practical case materials,the author finds that one of the important factual bases for the trial of medical cosmetology disputes is the appraisal opinion.Medical hairdressing disputes involved in the appraisal opinions of medical damage appraisal opinions and disability grade appraisal result,but the appraisal opinions are ignored by the medical hairdressing identification characteristics are part of the confusion,so that in the process of cosmetic damage case,inevitable in the trial or trial results appear unreasonable.This paper based on the medical damage appraisal and cosmetic damage identification are summarized and induction and summarizes the characteristics and the coupling of the two,discusses the role of medical damage appraisal in medical cosmetology infringement,and combined with the practical cases and data analysis,further analysis nowadays in infringement of medical hairdressing cosmetic damage identification of defects and deficiencies,at last,through theoretical research and practical analysis,draw lessons from the advanced idea,put forward our country currently in cosmetic damage identification system related issues in the perfect Suggestions.There are the following problems in the forensic identification of medical cosmetology tort disputes in China: in terms of the standard of forensic identification,China has no formal laws and regulations corresponding to the relevant issues of medical cosmetology forensic identification,and the relevant legal procedures and standards of forensic identification of medical damage have always been applied;In terms of the identification items,the significant differences between the medical cosmetology industry and the general medical treatment have not been paid attention to,which leads to the fact that the identification items cannot cover the special losses such as the compensation for mental damage.In terms of the expression of the appraisal opinions,not all the appraisal opinions can clearly express the causality of the case,which makes the judgment results based on the appraisal opinions have unreasonable parts in writing.From the perspective of medical cosmetology appraisers,the professional weakness of appraisers and the uneven qualification of appraisers are the important defects of medical cosmetology damage identification.Through the study of theoretical basis,laws and regulations and practice cases in China's mainland and the Taiwan region,combined with the actual legal practice in China,the paper finally puts forward relevant suggestions for improvement.From the perspective of laws and regulations,first of all,it is necessary to unify the relevant legislation of medical cosmetic injury disputes,and redefine the identification standard of medical cosmetic injury under the guidance of legislation,so as to make the identification more legalized.In the identification of mental damage in medical cosmetology disputes,it also tries to increase the compensation of mental damage appropriately on the premise of identification basis through reasonable demonstration.In terms of the expression of appraisal opinions by appraisal subjects,it is hoped that the reasonable expression of appraisal opinions can be realized by exploring the role of factual causality in legal causality.On the one hand,it is suggested to cultivate specialized talents in the medical cosmetology industry and establish a team of medical cosmetology appraisal experts.On the other hand,it is also expected to give full play to the important role of technical experts in making appraisal opinions and participating in the trial through innovative working mechanism.
Keywords/Search Tags:medical cosmetology, forensic expertise, medical damage, mental damage
PDF Full Text Request
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