| Affected by the theory of traditional doctor-patient relationship,there are many obstacles in the protection of medical beauty service recipients in medical services contract disputes.Compared with the general medical treatment.However,due to fraud such as "unqualified","unqualified" and "changing products" of medical and beauty institutions,cause serious damage to the recipients of medical and beauty services.Therefore,medical beauty contract disputes are included in the protection scope of punitive damages.It can not only make up for the shortcomings of the law,but also better protect the legitimate rights and interests of the recipients of medical and beauty services.Therefore,we should support the application of punitive damages in medical beauty contract disputes.This article is divided into four parts.The first part,Medical beauty concepts and types and analysis of medical beauty related behaviors.First,the legal connotation of medical beauty behavior is analyzed,and the type of medical beauty contract is divided;Second,Differential analysis of medical beauty behavior with its related behavior,and analyzes the dialectical relationship between the two.The second part,Judicial Dilemma of Punitive Compensation in Medical Beauty Contract Disputes.Analysis of 72 medical beauty contract disputes in China’s referee document network.Summarize the nature of medical beauty projects involved in the case,and the identification of fraudulent behavior,and the decision results and judgment.Analysis of Punitive Compensation in Judicial Practice.The third part,Article Analysis of the Applicable Punitive Compensation System for Medical Beauty Contract Disputes.From the perspectives of the necessity,legitimacy and feasibility of applying punitive damages in medical beauty contract disputes.This paper explores the legal basis of punitive damages in medical beauty contract disputes.The fourth part,Perfect measures to apply punitive compensation in medical beauty contract disputes.From the three perspectives of the nature of medical beauty contract,the supervision of medical beauty subject and the identification of fraud,echoing the Judicial Dilemma in the second part,this paper explores the improvement measures of punitive damages in China’s medical beauty contract disputes. |