Research On Judicial Identification Of Consumption Fraud In Medical Beauty Disputes

With the vigorous development of medical beauty(hereinafter referred to as medical beauty)industry,more and more beauty lovers choose to use medical beauty to change their appearance,and medical beauty disputes have become a social problem of concern.At the same time,due to the high amount of punitive compensation for consumption fraud involved in Article 55 of the revised consumer protection law,victims have chosen to remedy through consumer law.In the process of identifying consumption fraud in medical and American disputes,there are some problems,such as different judgment standards for the fraud of medical and American institutions,directly identifying administrative punishment as consumption fraud,and requiring consumers to bear the burden of proof.The reason is that the concept of consumption fraud is vague in legislation,and the legal relationship related to medical beauty is not clarified.On the issue of consumption fraud in medical and American disputes,scholars mostly discuss the constituent elements of consumption fraud,but there is little in-depth research on the specific certification standards.The judicial identification of consumption fraud in medical and American disputes in China should first reflect "the principle of preferential protection of consumers" and "the principle of substantive fairness".Secondly,we should refine the identification standard of consumption fraud,including that it is not suitable to directly identify the result of administrative punishment as consumption fraud;It should clarify the contents of the disclosure obligation that medical and American institutions should perform;We should refine the criteria for the subjective intention of managers and explore the inclusion of gross negligence into the subjective fault of managers;Clarify the standard of false publicity constituting consumption fraud;In the identification of the burden of proof,we should re recognize the role of expert opinions and strengthen the burden of proof of medical and American institutions.Through the refinement of judicial identification standards,it will help to avoid the phenomenon of different judgments in the same case by judicial organs in practice as much as possible,and better protect the legitimate rights and interests of medical and American consumers.