The Dilemma And Countermeasures Of Tort Relief For Medical Beauty Damage

Today,with the rapid development of the economy,people’s lives have undergone tremendous changes.More and more people want to have a beautiful appearance and a perfect body,and want to use acquired repair technology to make up for the inherent shortcomings of external conditions.Therefore,the medical beauty industry has developed rapidly.At present,many medical institutions include medical beauty in their service scope,but this cannot avoid the occurrence of medical beauty accidents,leading to damage to the original appearance and physical health of many cosmetologists,and even to a certain extent,serious mental damage consequences,infringing on the legitimate rights and interests of cosmetologists.Compared with foreign countries,the history of the development of China’s medical beauty industry is still very short,and a complete set of laws to resolve disputes over medical beauty damage has not yet been formulated.As a result,when medical beauty damage occurs,most of the remedies are provided through breach of contract paths,making it difficult to apply the current tort legal system to pursue responsibility for medical beauty institutions and compensate for damages to cosmetologists,Therefore,the legitimate rights and interests of cosmetologists cannot be well protected.This article starts from the path of tort relief for medical beauty damage,explores the problems that cosmetologists encounter in the process of tort relief,and based on the relevant legal provisions of medical tort in the tort liability section of the Civil Code of the People’s Republic of China,combining the particularity of medical beauty damage,puts forward suggestions for tort relief.The first part of this article is the introduction of the problem.Through the analysis of typical cases,it is found that the most common problems encountered by cosmetologists in tort lawsuits for medical and aesthetic damages are: it is difficult to identify the causal relationship and damage consequences in tort liability,it is difficult for cosmetologists to bear the burden of proof,and the amount of compensation for mental damage is uncertain.Compensation for damages is the main method of relief for beauty salons,and the determination of tort liability is the prerequisite for compensation for damages.Therefore,these issues need to be addressed urgently.The second part of this article is to analyze the specific problems encountered by cosmetologists in the process of choosing an infringement path for relief after their own rights and interests have been damaged,respectively:First,the determination of tort liability is unreasonable.Medical cosmetology has characteristics that are different from general medical behavior,the most important of which is the fundamental difference in the purpose of the two.The main purpose of medical behavior is to treat and save patients,and the target is patients;The goal of medical aesthetic behavior is to pursue external beauty,and the target is not the patient.Based on this,the author believes that in the process of tort relief for medical beauty damage,the rules of medical tort cannot be fully applied,and can only be used as a reference.Responsibility determination is the prerequisite for relief for cosmetologists,and the most important aspects of responsibility determination are the determination of causal relationships and the determination of damage consequences.However,China lacks a medical cosmetology identification mechanism,making it difficult to determine whether medical cosmetology institutions have infringements from a professional perspective.Secondly,there are defects in the burden of proof system for medical beauty.Mainly reflected in the following two aspects,namely,there are difficulties in the collection of evidence by cosmetologists and the unreasonable allocation of the burden of proof system.In practice,cosmetologists bear the burden of proof,but because they do not understand professional knowledge,there is no way to judge from a professional perspective whether a medical cosmetology institution has infringements,and cosmetologists have no way to complete the proof.Therefore,in order to solve this problem,it is necessary to apply for confirmation.However,China currently adopts a dual identification mode in which medical associations and judicial identification institutions coexist,exposing some problems in judicial practice.On the one hand,in the dual identification model,the identification basis and standards of medical associations and judicial identification institutions are different,leading to differences in identification results;On the other hand,the lack of a professional team of medical beauty experts has led to a lack of professional personnel in the appraisal institution,which is unable to authenticate the application of the beauty salon.Ultimately,the beauty salon bears the consequences of failing to provide evidence.Third,there are different standards of compensation for mental damage.On the one hand,the standard for determining "serious consequences" is absent;On the other hand,the methods for determining the amount of mental damage compensation are not uniform.Various provinces in China have formulated detailed rules for the implementation of compensation for mental damage,with different standards and large gaps across regions.Different judgments for the same case often occur.The third part of this article is to propose suggestions for the above issues.First,improve the tort liability determination system for medical beauty damage.In the determination of causality,we should learn from the dual level causality theory of Anglo American legal system;Establish a medical beauty appraisal system for the identification of damage results.Second,improve the burden of proof system for medical beauty.Strengthen the system of proof obstruction to restrict medical and beauty institutions from destroying and tampering with evidence,as well as other obstructive behaviors that hinder beauty salons from collecting evidence;Introduce a mitigation system for the burden of proof to reasonably allocate the burden of proof and reduce the difficulty of proof for cosmetologists.Third,establish compensation standards for mental damage caused by medical beauty.Clarifying the criteria for determining "serious consequences" and unifying the method for determining the amount of mental damage compensation are conducive to achieving the same judgment in the same case and improving judicial credibility.