医疗美容损害中违约责任与侵权责任的竞合

Co-opetition of Contract Breach Liability and Infringement Liability in Medical Cosmetology Damage

本文通过对违约责任与侵权责任竞合理论的探讨,从归责原则、举证责任等六个方面分析了医疗美容损害案件中违约责任与侵权责任的区别,旨在实务中根据具体情形选择合适的案由以更好地维护患者的合法权益。

By discussing the theory of the co-opetition of contract breach liability and infringement liability,this paper analyzes the difference between contract breach liability and infringement liability in medical cosmetology damage cases from six aspects, such as the principle of imputation and the burden of proof, so as to select appropriate causes according to specific situations in practice and better protect the legitimate rights and interests of patients.