Research On The Legal Application Of Medical Cosmetology Disputes

In recent years,medical beauty has increasingly become a fashion trend.However,due to the lagging supervision of the medical beauty industry,incomplete laws and regulations,mixed quality of medical beauty institutions,false publicity,incomplete qualifications,and other illegal and irregular phenomena,it seriously infringes on the legitimate rights and interests of medical beauty practitioners,leading to an increasing number of medical beauty disputes.However,in the current laws and regulations,the legal status of medical beauty behavior is not clear,and the legal system construction in the field of medical beauty has not yet formed a system,resulting in issues such as inconsistent legal application.Firstly,starting from judicial cases,the author summarizes the current trial status of medical beauty dispute cases and finds that there is controversy over whether to apply the Consumer Rights Protection Law and its punitive compensation rules in medical beauty dispute cases.Through an analysis of the nature,legislative purpose,scope of adjustment,and local legislative trends of the Consumer Rights Protection Law,as well as the connotation of Article 55 of the punitive compensation rule in the law and the necessity of applying this punitive rule to medical beauty disputes,it is recognized that the application of the Consumer Rights Protection Law and its punitive compensation rules to medical beauty disputes is legitimate.Secondly,due to the invasiveness of medical cosmetic behavior,it often leads to property damage and serious physical injury to medical cosmetic patients,leading to a confluence of breach of contract liability and tort liability.Therefore,the author analyzed the conditions for the overlap of responsibilities,interpreted Article 996 of the Civil Code,and based on this,explored the constituent elements,difficulty in determining the severity,and lack of standards for calculating the amount of compensation for mental damage in breach of contract lawsuits.Finally,based on the aforementioned analysis,identify the problems in the legal application of medical beauty disputes and propose four suggestions.The first is to clarify the application of the Consumer Rights Protection Law to medical beauty disputes;The second is to unify the identification criteria for fraud,supporting the four elements theory that fraud constitutes;The third is to refine the scope of the "severity" of mental damage compensation in breach of contract lawsuits;The fourth is to refine the calculation criteria for the amount of mental damage compensation in breach of contract lawsuits.