Research On The Problem Of Proof Citation Of Aesthetic Seeking Patient In Medical Beauty Disputes

While medical cosmetology provides more possibilities for the public to improve their own image,the number of judicial adjudication cases for medical cosmetology disputes is increasing day by day.In practice,the causes of medical cosmetic disputes can be roughly classified into two categories,one is medical damage liability disputes,and the other is medical service contract disputes.Because medical cosmetology is different from ordinary medical behaviors and life cosmetology,no matter what the cause of the case is,the evidence should be different from ordinary medical disputes and life cosmetology disputes.If the evidence is presented in accordance with the certification requirements for medical damage liability disputes or general medical service contract disputes,it is against the principle of fairness stipulated in the Civil Code of the People’s Republic of China.By searching the China Judgment Documents Network,this paper selects representative cases of medical and cosmetic disputes,takes the evidence of medical practitioners as the entry point of the case study,and summarizes the main problems that medical cosmetic disputes are difficult to provide evidence for medical practitioners in judicial practice.Relevant legislation,and put forward new proposals such as fair distribution of the duty of proof for medical and cosmetic disputes.The main frame of the article is divided into four parts except the introduction.The first part,starting from explaining the concept and scope of medical cosmetology,summarizes the data presented in the medical cosmetology cases involved in the content of the cause of filing,the way of the trial,the proportion of private institutions involved,etc.,and explains that medical cosmetology disputes are different from ordinary doctor-patient disputes.There should be differences in the distribution of the burden of proof for medical practitioners.In the second part,combined with judicial cases,this paper focuses on the analysis of the main problems in medical beauty disputes that affect the proof of medical treatment and hinder the final fair decision: the management of medical cosmetology institutions is not standardized,the false propaganda of medical cosmetology institutions,the difficulty of maintaining the right to know the medical treatment,the difficulty in identifying the effects of medical cosmetology,Judgment results rely too much on judicial expertise.The third part,analyzing the root causes of the specific proof problems of medical cosmetology disputes,the main reasons are the unreasonable distribution of the burden of proof,inconsistent proof standards and appraisal standards,and non-standard management of the medical cosmetology market.Therefore,it can be concluded that if you want to resolve the medical beauty disputes,the problem of proof of medical treatment needs to be the right medicine.The fourth part proposes a reasonable allocation of the burden of proof,establishing patient standards for notification and disclosure,clarifying the standards for proving medical and cosmetic disputes,improving the judicial appraisal system,and standardizing the medical record management system of medical and cosmetic institutions.Legislative improvements and systems Sound advice.