Research On The Application Of Law Related To Medical Beauty Disputes

On the one hand,China’s rapid economic development has brought about the continuous improvement of medical standards,and coupled with the influence of international trends,China’s medical aesthetic industry has ushered in a rapid development.On the other hand,the standard of living has improved,and people pay more attention to the non-material level of spiritual needs,especially young people,who are more and more aspiring for a good-looking face and a fit and healthy body.The rapid development of the medical beauty industry has brought about a surge in the number of medical beauty dispute cases.However,medical beauty as a new industry,the relevant laws and regulations are still very imperfect,.due to the lack of uniform legal provisions,in practice,the courts will differ in the choice of the basis for adjudication,and there are also differences in the specific application of the law,and different judgments in the same case occur from time to time.The existing legal rules are not conducive to the protection of the interests of cosmetologists,and the unequal market status of both medical beauty institutions and cosmetologists necessitates inclined legal protection for cosmetologists,and the inclusion of medical beauty disputes into the adjustment of the Consumer Rights and Interests Protection Law is in line with its purpose and is necessary to protect the legitimate rights and interests of cosmetologists and promote the healthy development of the medical beauty market;in addition,medical beauty services belong to life consumption,medical In addition,medical cosmetology services are life consumption,medical cosmetology institutions and cosmetologists meet the characteristics of operators and consumers respectively,and when disputes arise between them,the relevant provisions of the Consumer Rights and Interests Protection Law can be applied.The most important thing is the identification of consumer fraud.The fraud in the Consumer Protection Law is different from the fraud in the civil law,and the two elements should be adopted for the identification of fraud,that is,medical beauty institutions subjectively have fraudulent intention;objectively implement the fraudulent behavior;for the specific amount of compensation,there is the application of 3 times compensation in practice,and there is also the application of 1.5 times compensation,which should be 3 times compensation should be strictly applied to ensure the authority of the law.In medical beauty disputes,in the case of serious damage to the health of the beautician,the application of tort liability law can give the beautician a good remedy,while those who only failed to achieve the expected results of surgery or breach of contract but did not cause serious consequences cannot be held responsible for the tort of medical beauty institutions,and it is difficult to compensate for the mental damage suffered by the beautician by merely pursuing its traditional sense of breach of contract.Article 996 of the Civil Code gives support to the compensation for moral damages for breach of contract;at present,in practice,as to whether moral damages can be applied in the lawsuit of medical beauty contract,some courts think that the application of moral damages in the lawsuit of contract is not in accordance with the law,and a small number of courts think that it can be applied and should be allowed to apply moral damages in the lawsuit of medical beauty contract.In order to better deal with medical beauty dispute cases and protect the rights and interests of cosmetologists,the concept of operators and consumers in the Consumer Rights and Interests Protection Law should be clarified,the extension of life consumption should be expanded,the determination of fraud in the Consumer Rights and Interests Protection Law should be improved;the contract loss should be clarified to include spiritual damage,the spiritual damage compensation system for breach of contract should be clarified,and the determination of the amount of spiritual damage compensation for medical beauty should be improved;In addition,establish and improve the medical beauty insurance system and improve the medical beauty dispute settlement mechanism.