医疗美容损害赔偿法律适用探析

Analysis of Legel Implementation of Compensation for Medical Cosmetology Harm

医疗美容既不同于救治医疗 ,又不同于生活美容 ,它兼具医疗性和美容性。医疗者与美容者之间形成一种消费服务关系。由医疗美容所致损害赔偿的法律适用问题有必要进行一些探讨。通过对《医疗事故处理条例》、《民法通则》和《合同法》与《消费者权益保护法》作适用性比较研究 ,提出了适用《消费者权益保护法》

Medical cosmetology is different from both the medical treatment and life hairdressing,but it has the characteristics of the both.What's more,the legal nexus between the qualified doctors and the people of improving looks is the nexus of consuming service.It is necessary that the legal implementation of compensation for medical cosmetology harm be researched.Through comparing the Law of Protecting Rights and Interests of Consumers with the Regulation of Settling Medical Accident,the Civil Law's General Rule and the Contract Law,the paper puts forward the approval of solving compensation for medical cosmetology harm by the Law of Protecting Rights and Interests of Consumers.