Research On Legal Issues Related To Medical Cosmetology Damage Cases

Under the correct leadership of the Communist Party of China,our people’s living standards have been significantly improved,the areas of people’s consumption demand have been continuously expanded,and the demand for consumption quality has been improved.After the outbreak of COVID-19,China is the only country in the world with positive economic growth.Under the market economy system,various industries are flourishing.especially the medical beauty industry,has won the favor of the public.According to the survey data of China Medical Beauty Industry Market Prospects and opportunity study Report from 2020 to 2025 by China Business Research Institute,the scale of China’s medical beauty market has reached 143.6billion RMB in 2019,and it is estimated that by 2024,the scale of China’s medical beauty market will increase to 318.5 billion RMB.According to the data of "Enterprise Search" of the national enterprise credit inquiry system,there were59,175 medical beauty related enterprises established in 2019,105,007 in 2020,and an increase of 77.5% in 2020 compared with 2019.At present,there are 236,700 medical beauty related enterprises in operation or existence in China.Compared with the United States,Brazil,South Korea and other countries with mature medical beauty market,China’s medical beauty market has a low penetration rate and broad development space.It is believed that with the improvement of various systems,the market scale of this industry will continue to grow rapidly.However,behind the vigorous development of the market,in the medical beauty industry,among which false advertising,consumers being infringed by fake and shoddy products,and many people being "disfigured" after failing to "beautify" are not uncommon.There are also stars who want to become beautiful quietly,but they are privately publicized as successful cases by medical beauty institutions.After personal privacy rights are violated,there are numerous cases that cause extensive discussion in the society by suing medical beauty institutions to defend their rights.This also reflects to some extent that the medical beauty industry is likely to harm public interests or personal rights while creating huge social benefits.Due to the imperfect laws and regulations in dealing with medical beauty damage cases in China,there are many differences in the academic circles on the nature of medical beauty services,the application of laws,and the compensation for damages in such cases.There are also differences in the determination of such cases in courts in different regions,and different judgments in the same case and different laws in the same case often occur.The emergence of such phenomena is not conducive to protecting the legitimate rights and interests of victims,but also damages the credibility of the judiciary and the concept of social fairness and justice.After the promulgation of the Civil Code in 2020,especially Article 996 of the Personality Rights Department of the Civil Code stipulates that if the personality right of the other party is damaged due to one party’s breach of contract,if serious mental damage is caused at the same time,the injured party can request compensation for mental damage while asking the injured party to bear the liability for breach of contract.In addition,the Civil Code has included the patient’s personal information in the confidentiality scope of medical institutions,and medical institutions or medical personnel who disclose the patient’s privacy and personal information or disclose the patient’s medical records privately should bear tort liability.The introduction of these clauses provides a broader path of safeguarding rights for medical beauty damage compensation cases than before,and is also conducive to the healthy development of the medical beauty industry.In this paper,through case analysis,literature research,comparative analysis and other methods,the structure of the article is divided into four parts to carry out research on legal issues related to medical beauty damage.First of all,the first part of this paper will describe the related concepts of medical beauty in detail,and explain the differences between medical beauty and disease diagnosis and treatment and plastic surgery.Medical beauty behavior has the characteristics of self-selectivity,consumption,risk and multidisciplinary combination.This paper lists the types of liability for medical beauty damage,and points out that medical beauty damage can cause both breach of contract damage and tort damage.On the whole,one prejudicial act can have two different attributes.The second part will introduce specific cases,analyze the relief path in medical beauty damage cases combined with the Civil Code,and put forward the problems in handling such cases in judicial practice.Before China’s Civil Code was officially implemented,there were mainly two relief paths for medical beauty damage in judicial practice,one was under the liability for breach of contract,and the other was under the liability for tort.If the party whose rights and interests are damaged chooses the remedy path of liability for breach of contract,the ultimate damages will be weaker than the remedy of tort liability.Medical beauty damage has its own special features.In judicial practice,applying traditional medical damage identification directly does not take into account the particularity of medical beauty damage identification,and lacks the judgment of whether the victim suffers psychological and spiritual damage.Generally speaking,the civil relief rules for handling medical cosmetic damage cases in our judicial practice are imperfect,and the standard for determining the liability for damage does not take into account the particularity of medical cosmetic services.Therefore,different courts may apply different laws when handling medical cosmetic damage cases,which will eventually lead to the phenomenon of different judgments in the same case,which can’t equally safeguard the legitimate rights and interests of cosmetologists,and is not conducive to maintaining the fair and just image of the judiciary.The third part introduces the relevant laws and regulations of medical beauty damage relief outside the country,briefly summarizes the civil relief paths for medical beauty damage cases in the United States,Germany,Japan and Taiwan Province,and expounds the author’s thinking views according to the actual situation in China.Finally,in the fourth part,aiming at the problems in handling cases of medical beauty damage in our judicial practice and combining with the characteristics of medical beauty damage,we put forward three suggestions for improvement.The first is to improve the laws and regulations related to medical beauty damage,and propose to set up punitive damages system in the field of tort liability.Secondly,according to the development degree of economy and medical level in different regions,the standard of determining the liability for medical beauty damage should be improved.Thirdly,combining the theories of psychology,aesthetics and other disciplines,we should independently construct the appraisal system of medical beauty damage liability.It is hoped that the research conclusions of this paper can provide some useful references for the national judicial administrative organs to improve the handling of medical beauty damage cases,and also hope that the rights and interests of medical beauty workers can be effectively protected,so as to better promote the benign development of the medical beauty industry.