) "; (Interim Measures for the Administration of the Beauty Salon Industry)1
() "; Medical Beauty Services Management Measures "2
() "; Regulations on the Handling of Medical Cosmetic Accidents "3() "; Interim Measures for the Technical Appraisal of Medical Accidents "4
() "; Regulations on the Supervision of Cosmetic Hygiene "5) The. (Implementing Rules for the Regulations on Hygienic Supervision of Cosmetics)6
Once a dispute arises, laws and regulations related to consumers' rights include:
() The ;Chinese People's **** and National Affairs Litigation Law1() ;Opinions on Several Issues Concerning the Application of the Chinese People's **** and National Affairs Litigation Law by the Supreme People's Court2
()
()
()
() Several Provisions on Evidence in Civil Litigation3(); (The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Personal Injury Compensation4
(); (The Interpretation of the Supreme People's Court on Several Issues Concerning Determination of Liability for Spiritual Damage in Civil Torts5
()); and (The Arbitration Law of the People's Republic of China*** and the People's Republic of China, etc.).6
For the sake of the cosmetic disputes, can lead to different legal outcomes.
What is beauty care? What are the relevant laws and regulations that consumers should know?
The Ministry of Commerce's Interim Measures for the Administration of the Beauty Salon Industry stipulates that cosmetology refers to the use of techniques, instruments and equipment, and with the help of make-up, cosmetic and skin-care products to provide consumers with non-traumatic, non-invasive skin cleansing, skin maintenance, make-up modification of the human body surface, etc., and that cosmetology is different from the "Measures for the Administration of Medical Beauty Services" in terms of medical care. The beauty care here is different from the medical beauty care in the "Measures for the Administration of Beauty Care Services", which refers to the general life beauty care. The so-called medical cosmetology refers to the use of surgery, drugs, medical devices and other traumatic or invasive medical technology to repair and reshape human appearance and the shape of various parts of the human body. It can be seen that medical cosmetology and lifestyle cosmetology are two completely different concepts. Broadly speaking, cosmetology includes medical cosmetology and lifestyle cosmetology, while lifestyle cosmetology includes hair dressing, make-up and other sub-categories. Hairdressing refers to the use of techniques, instruments and equipment and with the help of shampooing, hair care, hair coloring, perming, etc., for the consumer trimming and styling, hair care services such as business behavior. This book focuses on life beauty and beauty correction to provide hair styling,
For such a broad sense of beauty, practitioners and consumers in addition to the laws and regulations should be aware of the previous chapters
What are the legal acts of beauty disputes?2.
Beauty disputes arise, the first thing you need to do is analyze what kind of legal acts of beauty disputes it belongs to. Because of the different legal acts
168 Part III beauty industry related legal answers
() beauty legal disputes arising from the breach of contract and the responsibility to be borne. Beauty service is a contractual legal relationship, is 1
One party in accordance with the requirements of the other party to complete a certain service behavior or customer a service contract. The so-called service contract refers to the agreement of both parties,
the other party must pay the remuneration for services of a class of contracts. In the beauty service, if the behavior of the beauty agency to view the specific service activities,
not in accordance with the agreement, is a breach of contract. Beauty disputes arising from breach of contract, consumers can demand the return of phase and compensation for damages. It is difficult to ask for compensation for moral damages in this case. Off the cost,
) (beauty disputes arising from the tort and liability. This refers to the beauty organization in providing beauty care, due to its 2
Negligent behavior, led to the citizen's right to life and health suffered general injury (the so-called general injury means that, after treatment can be restored. Beauty disputes due to tort only in the case of certain elements of the composition did not cause disability personal injury) health,
under, in order to produce a kind of damages between the victim and the beauty agency of the debt relationship.
First, to have the fact of damage. Is because of the behavior of the party providing beauty services to the party receiving the services of the legally protected rights and interests suffered some adverse effects. This damage includes three kinds: one, property damage, that is, due to cosmetic damage to make its second, physical damage, that is, due to cosmetic so that the body's internal and external tangible tissues and a variety of organs of the physiological recipients of the property loss;
Third, spiritual damage, is to the victim to cause mental suffering. Function suffered damage;
Second, to be at fault. Fault in beauty disputes is mainly negligent behavior, generally will not have the nature of intentionality, negligence refers to the behavior of the results of their own behavior, should have foreseen but did not foresee, or although foreseen but gullible to be able to avoid.
Third, the fact of damage is causally related to the tortfeasor's fault, the consumer's damage is caused by the other party's negligent behavior in the beauty service.
Fourth, compensation for beauty disputes arising from the infringement can basically include medical expenses, hospitalization fees, lost wages and moral damages.
For different beauty disputes, how should be dealt with?
, ", ", ", First of all, for medical cosmetology, due to the Ministry of Health promulgated the "medical cosmetic services management measures" practicing physician law "medical clearly stipulates the beauty hospitals, medical cosmetic outpatient clinics, medical cosmetology clinics, medical standards of practice. Therefore, in the health institutions management regulations "
Sheng administrative department approved to hold a business license of the cosmetic institutions after surgery cosmetic disputes should be dealt with by the health administrative department. The solution to the surgical disputes is to the local health authorities to complain, the relevant departments will be based on the nature of the dispute to investigate and collect evidence, the organization of medical malpractice professional committee appraisal, issued by the appraisal results are legally binding. Even if you go to court, a check,
generally have to go through a medical malpractice appraisal or forensic appraisal.
Some beauty salons, hair salons, hair salons are approved by the administrative department of industry and commerce to issue business licenses. If these units engaged in the life of the beauty of unauthorized expansion of the scope of business, the implementation of medical beauty projects, disputes, the health administrative department will not accept. But the consumer again joint health administration department **** with the processing. Fees can first reflect the problem to the administrative department of industry and commerce,
After the dispute, if the consumer suffered personal injury, should be carried out as soon as possible to identify the injury, in order to clarify the responsibility as early as possible, to determine whether the injury is caused by the tortfeasor's behavior, but also so that the amount of compensation and treatment can be reasonably determined. Because after the identification of the victim's degree of injury, can determine the reasonable treatment program, but also for the litigation compensation to provide effective evidence. Of course, regardless of whether the personal injury, consumers can complain to the relevant departments, or with the other party to reach an agreement to apply for arbitration, as well as to the court, these are the main way to protect the rights of consumers.
Is a beauty salon a medical institution? How to distinguish the nature of various forms of beauty care?4.
Generally speaking, beauty care is divided into medical beauty care and daily life beauty care.2 In response to the widespread over-scope operation of beauty parlors, the Ministry of Health issued a Notice on Strengthening the Management of Beauty Care Services in May 2000, stating that "Life beauty including beauty knowledge consultation and guidance, skin care, make-up modification, image design and body-building services. Medical cosmetology includes medical programs such as blepharoplasty formation, prosthetic implantation, and drug and surgical weight loss. Life beauty services by the domestic trade administrative department in accordance with the standards of practice and "practice skills identification norms" for supervision and management; medical beauty services must follow the "Chinese People
Beauty and Beauty Disputes 169
,", "," *** and the State Physicians Law "Regulations on the Management of Medical Institutions" implementation of the "Basic Standards for Medical Institutions (for trial implementation) in after the health administration department "Receive" medical institutions practice license "before carrying out, and accept the supervision and management of the administrative department of health. Ministry of Health practice registration,
, medical cosmetic services management approach" similarly beauty clearly divided into life beauty and medical beauty two larger than the 2002 announcement of the "class, by defining the nature of the different beauty to standardize China's cosmetic market, to put an end to the occurrence of malignant accidents.
Life beauty, that is, the use of makeup or general care and maintenance methods of grooming beauty, but also includes beauty knowledge consulting and guidance, image design and bodybuilding and other services. That is, the maintenance of the human face and skin to prevent skin aging, in the individual's original basis for modification, such as facial care, beautiful neck, legs, makeup and so on. Life beauty to the beautician's requirements are not very as long as the mastery of basic professional knowledge, in the relevant departments recognized by the qualification certificate can be on the job. China's beauty industry is high,
in the early stages of development, can be said to be the life of beauty dominated the beauty market, beauty salons to carry out service projects, including the development and production of beauty products are almost all centered around the "life of beauty". In the existing beauty program, life beauty still accounts for the majority.
The "Measures for the Administration of Medical Beauty Services" formulated by the Ministry of Health stipulates that cosmetic surgeries, including liposuction, breast augmentation, ear piercing, and wrinkle removal, can only be carried out by cosmetic medical institutions. Therefore, many beauty salons in the community signboard clearly listed on the many medical cosmetic breast augmentation, removal of bags under the eyes, beauty jaw, double eyelid, rhinoplasty, wrinkles and other services are violations, over the scope of business. The actual project such as thin face,
Internationally, the beauty salon is not a medical institution, the beauty salon's scope of business is only the scope of life beauty, that is, skin care, eyebrow trimming, bodybuilding, foot bath and other projects. Beauty parlors simply do not have the legal "status" to provide medical cosmetic services, and should only be operated in the life of the beauty and hairdressing programs. Many patients do not understand this, by the beauty salon over-exaggerated or even false advertising temptation, and choose to go to the beauty salon to do medical beauty, therefore, easy to consumers deceived, and even lead to disfigurement and other malicious incidents.
Beauty victims how to choose in favor of their own claims?
Consumers to the beauty salon for beauty treatment, the two sides reached an agreement on the establishment of a beauty service contract between the consumer and the beauty salon. According to this contract consumers have to pay beauty salon beauty service fee obligation, the beauty salon is obliged to follow the agreement to the consumer satisfaction service. Judicial practice in the beauty dispute is often a beauty salon party improper performance of obligations caused by the fee to provide qualified,
is a form of breach of contract, refers to the parties to the contract to fulfill the contractual obligations, but its performance. The so-called improper performance,
behavior is defective, or the quantity and quality of its deliverables are inconsistent with the subject matter, or the services it provides are inconsistent with the terms of the contract. As a result of such defective performance, the property or personal injury of the other party to the contract is caused. In beauty disputes, this is often manifested in the disfigurement of people as a result of unsuccessful beauty treatments such as double eyelids and facial peels. Therefore, the improper performance of the beauty service contract to eyebrow,
To the same time constitute a violation of the consumer's right to life and health. Such behavior constitutes both a breach of contract and a violation of the consumer's right to life and health. This behavior constitutes both a breach of contract and a tort, giving rise to two kinds of liability, that is, liability for breach of contract and tort liability, as is often said in jurisprudence. However, these two kinds of responsibility is a choice between the relationship, can not coexist, that is, can not be applied at the same time, can only choose one to apply. That is to say, due to the behavior of the perpetrator's violation of civil obligations, the injured party generates two claims, which can only choose to exercise one of the two claims. Since the injured party can only choose to exercise one of the two claims, and these two kinds of civil liability in many aspects are very different, then how to choose the most conducive to the interests of the injured party? The following need to compare the two kinds of responsibility.
First of all, these two kinds of responsibility for the composition of different elements. Liability for breach of contract does not require the consequences of damage, as long as the violation of the contract, and there is no exemption, that is, can be applied to breach of contract; and in the elements of tort liability, the existence of the fact that the damage is a necessary element. In this comparison, the injured party claimed breach of contract liability in their favor. Secondly, the difference of the principle of attribution. Liability for breach of contract applies the presumption of fault, that is, the law first presumed that the breach of contract is out of the fault of the party in breach of contract, unless he can prove that he is not at fault; Tort liability applies to the principle of fault, only the tortfeasor subjective fault can bear the responsibility of tort. Again, the burden of proof in the breach of responsibility by the party in breach of the burden of proof to prove that they have no responsibility is different. Linked to the different principles of attribution of responsibility,
fault; and tort liability is generally required by the injured party to bear the burden of proof to prove that the tortfeasor is at fault. In this regard, the injured party claiming breach of contract is easier. In addition, the form of liability and compensation is different. The form of liability for breach of contract includes continuation of performance, application of deposit penalty, payment of liquidated damages and compensation for damages, and the scope of compensation is limited to direct actual property loss, excluding personal
170 Part III Answers to Laws Relating to the Beauty Industry
Injury compensation and compensation for moral damages; the form of liability in tort includes compensation for damages, stopping the infringement, removing obstacles, eliminating the influence, restoring reputation, and apologizing for the harm done. restoration of reputation, and apology. The scope of compensation includes direct and indirect property losses, and includes compensation for personal injury and mental sound,
The injured party claimed tort liability is more conducive to protect their legitimate right to compensation for damages. In terms of the difference between the scope of compensation,
Benefits. Finally, the special statute of limitations is different. The general statute of limitations for breach of contract and tort liability for 2 years, but in some special two different statutes of limitations. According to the provisions of our law, bodily injury claims compensation, tort liability,
The statute of limitations for 1 year; the sale of substandard quality of goods not declared, the statute of limitations for breach of contract is also 1 year. The injured party if you choose to choose a longer statute of limitations civil liability is more favorable to themselves.
In summary, in the case of breach of contract and tort liability exists at the same time, which the beauty "disfigurement" case consumers claim that the beauty salon to bear the tort liability is more favorable, the reason mainly lies in: beauty "disfigurement" case caused by consumer Personal injury, and often cause mental anguish, need a certain amount of treatment, but also will affect their work. Consumers claim tort liability, you can ask the beauty salon to return beauty services, medical expenses, compensation for nutritional expenses, due to work loss of income, and can be asked to give the mental damage compensation consumers because of the actual physical damage exists, the evidence is obvious, the beauty salon's fault is very easy to find out. Although 1 year litigation costs. In addition,
But in fact, the beauty of the injuries sustained as early as possible identification, leaving evidence, so as not to be too long for the body to recover and lead to a shorter statute of limitations,
To the difficulty of proof, so it seems that this shorter statute of limitations is a powerful measure to protect consumers.
For beauty disputes do not cause bodily harm to the situation, such as cosmetic skin resurfacing did not see any effect, but the skin is not harmed by the skin resurfacing products, then the consumer claims that breach of contract is the best way. Because the breach of contract liability does not require the fact that there is damage, as long as the beauty salon to take beauty measures did not achieve the expected effect of the agreement with the consumer, that constitutes a breach of contract liability. At the same time, the default liability applies the presumption of fault, the beauty salon is responsible for the evidence, the statute of limitations applies 2 years, the consumer is more favorable. In the scope of compensation, because there is no personal injury, and no mental injury, and no indirect losses due to lost wages reduce income, so consumers claim compensation for direct losses of the breach of contract liability is better.
Hairdressing consumer should pay attention to what issues before? 6.
Generally, the hair salon set the price of services depends largely on the technical content of the hairdressing program. The technical content here includes three factors: first, the products used by the hairdresser, followed by the hairdresser's manual techniques, but also includes each hairdresser used to research and development of new hairstyles, new technologies spent on manpower, material, financial and energy, such as some of the unique hair they create and then choose one of many hairstyles, and so on. Consumers should first consider how to select a reputable hairdresser,
a suitable new hairstyle. For example, now more common "ion perm" is a relatively high technical content of the hairdressing project, to do this project not only need to have a good quality product supporting the use of more experienced hair stylists to grasp the skills and time of perm, in order to create a suitable for the customer's personal characteristics of the hairstyle. Otherwise, there is no credibility, technology and poor hair salon can only let consumers disappointed.
Consumers should first spend a lot of time to understand the procedure of hairdressing in the salon before going to the salon, so as to have a clear idea. Secondly, it is important to communicate well with the hairdresser, because communicating clearly the goals to be achieved by the hairdresser and the hairdresser's design intention is an important step in creating a satisfactory hairstyle. Again, ask for the price beforehand, and it is best to ask the hairdresser to estimate the price of the whole hairstyle plainly. In addition, because everyone's hair texture is different, the hairstyle will be different. Therefore, sometimes the hairstyle results do not meet expectations and cannot be attributed entirely to the hairdresser's skills. Finally, consumers should also inquire about the care options, so that the hairdresser can advise on how to organize the new hairstyle at home, especially clarifying how to take special care of the permed and colored hair, and so on. Of course, the most important thing is to ask for proof of consumption before leaving, once the problem arises, the store is naturally difficult to blame.
Hairdressing disputes, consumers should pay attention to what? 7.
", "recently, with the development of the beauty salon business, hair projects continue to increase, ion-iron "hair extensions" and other new technologies are also renovated by the hair caused by the increasing number of disputes. Disputes caused by hairdressing are rising. However, due to the lack of hair care consumers to ask for proof of consumption of consciousness, in the event of disputes, consumers often have no way to complain.
Beauty and beauty disputes 171
, Ms. Wu 2 are beauty "barber store to do a" ionic perm "to do after the hair 003 in early October in a company called" instead of one by one of the fall, and fell significantly more than before. From the previous more. But Ms. Wu instead of as the store claimed that the flowing smooth,
Ion perm "after the normal phenomenon of hair damage will not be too concerned. Who knows, when the hair grows out about two centimeters, was hot thought to be "
Over the part of the break, less than two months of new hair growth has fallen half. Ms. Wu thought of this should go to the store but due to the lack of rights awareness, did not ask for proof of consumption there, so can only be unsettled.
Not coincidentally, Ms. Li also encountered similar embarrassment in another "bright white-collar" haircut, due to the store's technical reasons, cut out the hair so that Ms. Li had to hide in the house until the hair grows well before she dared to go out. She also wanted to complain or lawsuit, but bright white collar "consumption of evidence, only to give up. Is to find themselves surprisingly not any in"
General life beauty (including hairdressing) disputes, consumers can, of course, to the Consumers Association as well as other relevant departments to complain or file a lawsuit. And whether it is the mediation of the Consumers' Association, or the People's Court's judgment ruling, are subject to investigation to clarify the responsibility, and this time the need for evidence. Consumers must first prove that there has been in this store beauty salon consumption, and this will have to show the consumer vouchers are not mainly embodied in invoices, receipts, etc., but such as the "letter of the consumer vouchers. And in some areas of the beauty salon industry,
and other credentials. Therefore, consumers in the consumption, in order to later rights claims convenience, do not forget to ask for. Goodwill card"