The Xuhui Procuratorate has launched a public interest lawsuit to urge medical beauty institutions in the entire region to rectify their behavior. The attending physician suggested using physical examinations to sexually harass women. | Functional departments | Litigation
Recently, the reporter learned of an administrative public interest lawsuit case from the People's Procuratorate of Xuhui District, Shanghai. The court has issued pre litigation prosecution suggestions to relevant functional departments, promoted the rules and regulations for the prevention and treatment of sexual harassment in the medical beauty industry in the region, and implemented supervision of a medical institution that has previously committed forced indecent assault cases in accordance with the law to protect the legitimate rights and interests of women.
This public welfare case is based on a criminal case handled by the Xuhui Procuratorate last year. Jiang, a dental attending physician at a medical beauty clinic in Xuhui District, used the trust of others in doctors to perform unnecessary physical examinations and sexually assaulted a female customer. After being prosecuted by the Xuhui Procuratorate in accordance with the law, the court sentenced Jiang to one year in prison for the crime of forced indecency, and also prohibited him from engaging in medical and related work after the execution of the sentence.
During the investigation, the prosecutor learned that there are currently 42 social medical beauty institutions in Xuhui District, with a total of 72 registered medical beauty chief physicians in 2022, which is characterized by a large number of institutions, wide distribution, and a large group of practicing physicians. When female customers receive services at medical beauty institutions, they often stay alone in enclosed spaces, some even under anesthesia, without any awareness. However, most medical beauty institutions have not established a sexual harassment prevention and control system, which poses certain risks.
According to the newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests on October 30, 2022, if the legitimate rights and interests of women are infringed upon, resulting in damage to public interests, the procuratorial organs may file a public interest lawsuit in accordance with the law. On February 3rd of this year, the public interest prosecution team of Xuhui Procuratorate officially filed and handled administrative public interest litigation cases.
The procuratorate first invited lawyer volunteers and relevant departments with rich experience in the prevention and control of corporate sexual harassment to jointly investigate the medical beauty outpatient department involved in the case. They conducted on-site inquiries and reviewed the internal rules and regulations of the medical beauty institution involved, confirming that the institution had not taken effective measures to prevent and stop sexual harassment after Jiang's forced molestation case. Based on the potential legal risks of sexual harassment prevention and control in the enterprise, volunteers systematically explained management points and compliance suggestions to the medical beauty institution. At present, the beauty institution involved in the case has strengthened internal personnel management, established a sexual harassment prevention and control management system, and posted it prominently in the institution. Relevant women's rights protection manuals have been placed in the rest area to further strengthen the promotion of women's rights protection.
On the basis of handling specific cases, the Xuhui Procuratorate has issued prosecutorial suggestions to relevant functional departments in the district, hoping to promote the implementation of rules and regulations for the prevention and treatment of sexual harassment in medical beauty institutions throughout the district.