Research On Medical Beauty Damage Compensation Practice Under The Vision Of Judicature

Objective: With the increasing number of medical cosmetic disputes,the relationship between medical and beauty has become increasingly tense,and violent medical treatments and medical incidents caused by poor handling of disputes have occurred frequently.Judicial litigation is the most rational and most secure way to solve the disputes of medical beauty damage.However,there are many difficulties in the judicial treatment of medical cosmetic damage compensation in China,and it is difficult for the referee to define the connotation of medical cosmetic damage.In December2017,after the promulgation of the "Explanation of Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes"(hereinafter referred to as "interpretation"),it has not changed the situation of the suitability of the infringement lawsuit and the breach of contract.In the trial procedure,the lack of specialization of medical cosmetic damage identification and the lack of quantitative compensation for mental damage compensation.Based on the judicial dilemma of medical beauty damage in China,the corresponding solutions are proposed.First of all,we must clarify the connotation of medical cosmetic damage,and distinguish the difference between medical cosmetic damage and life beauty damage and medical damage.Secondly,through the pros and cons of the two cases of breach of contract and infringement damage,the direction of choice is provided for the beauty.Thirdly,to construct the specialization of medical beauty damage identification in China,we can follow the team of experts and scholars in the medical beauty professional mediation organization established in 2016,train and establish a team of medical beauty identification experts;refine the qualifications of the appraisal subject;Specificization and unification,such as in the identification of scars,not only the size and depth of the wound area as the main basis for judging,but also whether it affects the aesthetic appearance of the appearance;on the identificationresponsibility mechanism,establish a system of accountability for faults in medical beauty appraisal,Penalties shall be imposed according to law for acts that are intentionally made to be untrue or inaccurate.Finally,the standard of compensation for mental damage is clearly stated.Due to factors such as subject specificity,difficulty in determining the consequences of mental damage,and lack of compensation for mental damage,the causal relationship between medical cosmetic mental damage diagnosis,medical cosmetic damage and mental damage And the degree of medical beauty mental damage is included in the consideration of mental damage compensation,combined with the current situation of foreign mental damage compensation calculation and the differences in the level of people's income and expenditure in various regions of China,the formula for calculating mental damage compensation: medical beauty compensation for mental damage Amount = maximum amount of mental damage at the seat of the court × coefficient of medical cosmetic mental damage.