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Study on the legal issues of medical cosmetology dispute

Author: MaZuo
Tutor: ZhengTaiAn
School: Sichuan Academy of Social Sciences
Course: Legal
Keywords: Medical beauty cosmetic accident controversial lawapplies
CLC: D922.16
Type: Master's thesis
Year: 2013
Downloads: 15
Quote: 0
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Abstract


In recent years, as people’s living standard continues to improve,for their own beauty also have higher levels of demand, at the same time,constantly growing and increasingly sophisticated medical cosmetictechnology, making medical and cosmetic industry in China by thewidespread attention and rapid development. However, along with the"health and beauty industry in the spring," came the frequent incidentsof medical cosmetology, beauty becomes disfigured the case often seen innewspapers, by the widespread concern of the whole society, emerging andgrowing "medical trouble" Event, all illustrate our current controversyabout the medical and cosmetic accident applicable laws, regulations, andnot a good practice to solve all kinds of medical and cosmetic accidentsoccur disputes. Lead to non-uniform application of law is prone tojudicial practice Judicial Compensation "duality" of the phenomenon,while hearing the case of a long cycle, protracted situations haveoccurred in the long run will hinder the development of medical and beautyindustry, also affect social stability and unity, is not conducive to theestablishment of a harmonious doctor-patient relationship.This article from a medical accident dispute the core concept ofbeauty as the basis for analysis, there is a dispute attempt by civilliability related to the nature of the concept and be clearly defined,for domestic and foreign laws and regulations related to the status ofcomparative analysis to be pointed out that our country for medical Beautyaccident disputes applicable law problems, mainly through the "medicalbeauty service management approach","medical Malpractice","contractLaw","Tort Liability Act," and "consumer Protection law" which five legalstatus and applied to analyze the problem in order to achieve the purposeof improving relevant laws and regulations, to achieve a harmoniousdoctor-patient relationship, improve medical and beauty industry healthyand orderly development.The first part of the introduction. Firstly controversial issueaccident medical and cosmetic origin, literature review, researchsignificance, research progress and research methods are discussed in detail.The second part of the medical and cosmetic accident dispute overview.After analyzing the concept and characteristics of medical malpracticedisputes on the basis of, the focus of controversial incidents of medicaland cosmetic concepts and features, divide nature of the responsibility.The third part, medical and cosmetic accident controversial legalregulation status quo and problems. Mainly from two aspects of foreignand domestic disputes elaborate medical and cosmetic accident legalregulation status quo, focusing on China’s current legal issues to bediscussed and pointed Comment.The fourth part, accident medical and cosmetic improvementcontroversial legal regulation. Mainly from the improvement of relevantlaws and regulations; introduction of medical liability insurance againstmedical and cosmetic accident dispute; clear division of regulatoryresponsibility to avoid a vacuum and to improve physician managementethics, strengthen the awareness of rights beauty who elaborated on fouraspects of the legal medical cosmetic accident Regulation perfected.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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