Research On The Legal Application Of Medical Cosmetology Damage Compensation

With the rapid development of the medical cosmetology industry,the lag of the legal system is increasingly prominent,including non-standard industry standards,technical standards,false publicity and other illegal chaos is increasingly prominent,which leads to frequent medical cosmetology damage compensation disputes to a certain extent.At the same time,due to the professional and market attributes of medical cosmetology itself,it is often difficult for the beauty seekers to effectively realize their claims for damages.In view of this phenomenon,this paper starts from the judicial practice,focuses on the special field of medical beauty,searches the current laws and regulations and relevant cases,and makes a statistical analysis one by one from the perspective of the right of claim,trying to find out the reasons why it is difficult to realize the current medical beauty damage compensation claim.In order to explore a solution that can balance the demands of beauty seekers and medical beauty institutions to jointly promote the healthy development of medical beauty industry.This paper relies on the case data and judgment information collected by the website of China Judgment Documents,the official website of China Consumer Association and other relevant websites,and classifies and sorts them on this basis,and makes a specific analysis by referring to the Civil Code,the Protection of Consumer Rights and Interests and other relevant laws and regulations.Different from ordinary cosmetology,medical cosmetology is essentially a kind of medical behavior,but at the same time,it has the same market economy attribute as cosmetology.It is significantly different from traditional medical treatment in terms of providing subject,purpose,object and autonomy of the doctor.Therefore,for medical cosmetology damage,its compensation based on the legal norms(namely the basis of claims)should also be different from traditional medical treatment.Through the qualitative and quantitative statistics of the medical cosmetology damage compensation cases in the past three years,it is found that the scope of liability for medical cosmetology damage compensation,the burden of proof and obtaining effective appraisal opinions are the main focus of discussion in the medical cosmetology damage dispute cases.This paper explores the possibility of realizing the compensation claim for medical cosmetology damage by analyzing it in detail.Finally,by drawing on foreign experience,this paper puts forward some suggestions on how to ensure that reasonable compensation claims for medical cosmetology damages can be realized,including the applicable laws,the scope of compensation,the distribution of burden of proof and the mechanism of damage identification.