Research On Legal Application Issues In Medical Cosmetology Disputes

With the increasing material and cultural level of people and the continuous development of medical cosmetology technology,people have a stronger desire for beauty in addition to the pursuit of material basis.The "March 15" party in 2023 pointed out that the current medical cosmetology is very mixed,exposing the "secrets" of the medical cosmetology industry and increasing the number of medical cosmetology disputes.However,since there is no special legislation for medical cosmetology disputes,and no clear provisions on the application of law,the application of law has been controversial in theoretical circles and practical circles.Therefore,in judicial practice,the same case and different sentences appear.At present,according to the nature of the case,the applicable laws in the trial practice can be roughly divided into three types: Civil Code contract,tort liability and Consumer Protection Law.Due to its particularity and the characteristics of medical treatment and consumption,medical cosmetology will be accompanied by reasonable and unreasonable factors in the application of law,no matter what kind of law is applied.For example,The Civil Code does not typify the medical cosms contract,leading to unclear liability principle,unreasonable application of the fault principle of medical damage in tort liability of the Civil Code,whether to apply the Protection of Consumer Rights and Interests,punitive compensation and other issues.Therefore,the rationality of the legal basis for the application of medical cosms disputes becomes very necessary.This thesis will be studied by case analysis,literature review and comparative analysis.The relevant suggestions are obtained: the contract of the Civil Code should be applied if the beauty seekers do not cause the loss of inherent interests;If the loss of inherent interests is caused,the contract part or the tort liability part of the Civil Code can be chosen.The law on Protection of the Rights and Interests of Consumers and the punitive compensation system shall apply to the fraudulent behaviors of for-profit institutions.Some suggestions are put forward,such as typifying the contract of medical cosmetology service contract in the Civil Code,determining the principle of fault presumption and liability for medical cosmetology disputes,perfecting the legislative provisions of the Protection of Consumer Rights and Interests,and increasing the insurance system of medical cosmetology,etc.For the purpose of solving the problem of choosing reasonable application according to the specific situation on the basis of the existing law,learning from foreign legislative experience,and putting forward suggestions conforming to the national conditions of our country.