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"give me back my beautiful nose, give me back my mother's natural nose, give me back my small upturned nose..." this summer, the internet meme "give me back my mother's natural nose" has become popular.

internet celebrity qin xinyu allegedly failed in nose surgery at ou ya medical beauty institution and has been seeking redress for 6 months to no avail.on july 24, the song "give my mom a nose" he created for rights protection unexpectedly became popular. immediately, a large number of netizens rushed to the door of the agency involved to check in. through the form of entertainment, the agency involved was exposed and rights protection was promoted. on july 28, qin xinyu updated the progress of the incident and said that the agency had responded, and perhaps the matter would soon usher in a fair result. he hoped that everyone would stop playing memes.

the song "give my mom a nose" produced by internet celebrity qin xinyu for rights protection has become popular on the internet, which has promoted rights protection. source: qq music

a popular internet meme has aroused widespread social attention to the protection of rights in medical beauty consumer disputes. netizen momo (pseudonym) said that if an internet celebrity with many fans has such a tortuous process in protecting rights in medical beauty consumer disputes, what will ordinary people encounter when they want to protect their rights?

recently, chao news reporters interviewed netizens, experts, and lawyers who have been involved in medical beauty consumer rights protection to explore the difficulties in medical beauty consumer rights protection.

in the "multi-disease" medical beauty industry, who will treat you?

"medical cosmetology has always been a high-risk, dispute-ridden industry."chen yinjiang, director of the beijing consumers association and deputy secretary-general of the consumer rights protection law research association of the chinese law society, said in an interview with chao news reporters.

in june 2023, the beijing sunshine consumer big data research institute and other institutions jointly released the "domestic medical beauty consumer rights protection public opinion report (2023)", which showed that from january to may 2023, there were a total of 90,769 public opinions on the rights protection of the medical beauty industry. according to the "who is infringing on your rights?" questionnaire survey launched by china business news in 2023, medical beauty was one of the areas with the most disputes from 2022 to 2023.

according to a recent report by consumer electronics magazine, data from the consumer service protection platform consumer insurance shows thatthe main complaints in the medical beauty industry are concentrated on refund disputes, false advertising, poor service attitude, failed surgeries, lack of after-sales service, etc., and related complaints are gradually increasing.xinhuanet recently published three consecutive commentaries, directly pointing out problems such as "black medical beauty hiding in rural areas to defraud people", "light medical beauty has become a high-risk area", and "using appearance anxiety to induce young people to undergo plastic surgery".

the high incidence of disputes may be related to the chaos in the industry itself. as the book "a guide to medical beauty for everyone" commented on the medical beauty industry: "it has been more than 20 years since the past's 'wild growth' to the current standardized development... we witness the creation and destruction of beauty at all times."

incomplete institutional licenses and certificates, insufficient personnel qualifications, unclear product channels, difficulty in evaluating effects, large gap between service quality and consumer expectations...the pain points of the medical beauty industry analyzed by the china consumers association in 2022 based on relevant complaint data still exist today.

"many medical beauty institutions and practitioners lack a sense of integrity and law-abidingness, and the quality of medical beauty services varies greatly, leading to frequent medical beauty disputes."chen yinjiang said that some medical beauty institutions lack a unified management system, and practitioners do not strictly abide by industry operating standards; some medical beauty institutions deliberately deceive and mislead consumers through false propaganda in order to solicit business; some medical beauty institutions do not have a complete after-sales service system, and find various excuses to shirk responsibility after disputes occur.

to date, the phenomenon of "black medical beauty" is still relatively common. in the scams experienced by many netizens, medical beauty agents disguised themselves as the customer of the bed next to the massage parlor, and the medical beauty routines were hidden in the word of mouth of acquaintances, and the pig-killing scams targeted consumers with weak anti-fraud awareness. according to a recent investigation report by the economic information daily, "black medical beauty" has a trend of accelerating its sinking and infiltrating counties and towns.

in such a medical beauty environment, what will ordinary people experience if they want to protect their rights?

image source: visual china

what is so difficult about protecting consumer rights in medical beauty?

chao news reporters found that when searching for the keyword “medical beauty rights protection” on social platforms, countless exposure posts and help posts from medical beauty consumers popped up.

according to guangming online, in november 2021, in minhou county, fuzhou city, fujian province, a consumer, ms. wu, received a picosecond and needle-lifting medical beauty treatment at livzon cosmetics store, which left scars that have not disappeared after more than a year. in early 2023, she asked the store for a refund and compensation, and complained to the local market supervision department. however, during the rights protection process,the store denied having provided ms. wu with picosecond and skin-lifting services, and was unable to provide ms. wu with a detailed receipt of her purchases.ms. wu did not keep relevant evidence, so she encountered difficulties in collecting and presenting evidence. after five mediations organized by the market supervision department, the two parties finally reached a settlement.the store refunded ms. wu part of her consumption expenses of 15,000 yuan. ms. wu issued a receipt and agreed to terminate the incident.

"in the process of protecting the rights of medical beauty consumers, it is not easy to provide evidence." chen yinjiang explained that in order to attract consumers, some medical beauty institutions will carry out some false propaganda. consumers are often unable to accurately assess the risks and effects of medical beauty projects and are misled by the institutions. the propaganda content of the institutions is often mainly in verbal form and will not be presented in the agreements signed with consumers in the future. for the medical beauty risks in the exemption clauses of the agreement, the institutions often fail to fulfill their obligation to inform. once a medical beauty dispute arises between the two parties, it is often difficult for consumers to provide evidence.

"protecting rights also requires medical appraisal, which is also a big challenge for consumers. once evidence is missing and there are no obvious problems with the surgery, the appraisal results made by the appraisal agency are often unfavorable to consumers," said chen yinjiang.

tang chenxiaoben, a lawyer at beijing yingke (hangzhou) law firm, also believes that obtaining and presenting evidence has always been a long-standing problem in the protection of medical beauty consumer rights. presenting evidence is difficult because it is difficult to obtain evidence.

"some consumers go to informal, smaller institutions for medical beauty treatments. these institutions have chaotic management and irregular operations, which may lead to incomplete evidence and make it difficult to remedy."lawyer tang pointed out that consumers’ lack of awareness of keeping evidence in various links will increase the difficulty of obtaining evidence. for example, before receiving medical beauty services, consumers tend to ignore keeping evidence of the promised effects of the institution. during the medical beauty process, consumers may forget to promptly ask the medical beauty institution to provide medical records, and afterwards, the institution passively handles the matter, resulting in consumers being unable to obtain complete medical records.

"consumers' lack of relevant medical beauty and legal knowledge will also create obstacles for the protection of their rights." lawyer tang added that in this way, they will not be able to accurately judge the faults of medical beauty institutions, and it will be difficult for them to make full use of legal means and combine relevant legal provisions and relief channels to protect their rights and interests.

what is the correct way to protect the rights of medical beauty consumers?

the "mom's nose" incident seems to still have aftermath.

according to 1818 golden eye, recently,a young man in hangzhou had a zygomatic bone surgery at a medical cosmetic hospital, but the results were poor.during the interview, the young man said that he planned to write a song to complain about the incident, and the title of the song was "give me back my mother's bones". the young man's behavior seemed to be inspired by "my mother's nose". in addition, some netizens said that qin xinyu's approach opened a new door for consumers to protect their rights and let them "learn something".

however, for ordinary people, is the internet a suitable tool for protecting their rights?

"internet celebrity qin xinyu wrote a song about his experience and spread it online. this way of defending rights is indeed rare. but as a lawyer, i do not recommend that medical beauty consumers take similar measures to defend their rights."lawyer tang believes that qin xinyu’s approach to defending his rights is not universal.

in tang's opinion, the internet is a double-edged sword. it speeds up the spread of events, increases their influence, reduces the cost of rights protection, and makes the process open and transparent. however, compared with legal dispute resolution methods such as judicial litigation and administrative complaints, it cannot directly resolve conflicts and may lead to the abuse of internet resources. some people may distort facts, conceal part of the truth, use public opinion to achieve their own unreasonable goals, escalate conflicts, and even deceive the emotions of netizens who are unaware of the situation.

"moreover, not everyone can accurately grasp the boundaries of internet speech. if false statements such as fictional and exaggerated statements are published online and cause harm to others, the rights defenders themselves may need to bear legal responsibility."

so, for an ordinary person involved in a medical beauty dispute, what is the correct way to protect his rights?

recently, the blogger "brave xiao wu's guide" (hereinafter referred to as "xiao wu") shared a textbook-level experience of medical beauty rights protection on the social platform.

in early august, xiao wu suffered facial burns during a photorejuvenation beauty project provided by a medical beauty institution in shanghai. blisters appeared on multiple parts of his face after the redness and swelling.

after the incident, xiao wu went to the hospital emergency room immediately and recorded the injuries and the cause and effect of the incident.her face was a second-degree burn. with the appraisal result, she went to the medical beauty institution to negotiate. however, the medical beauty institution insisted that this was a normal phenomenon and ignored xiao wu's communication.

despite the setback in negotiations, xiao wu did not give up. after consulting a lawyer, she reported the case to 12315 and the national health commission on august 6.on august 9, after the relevant departments intervened, the medical beauty institution finally responded and took the initiative to propose to go to the people's mediation committee for medical disputes for mediation.on august 13, under the auspices of the medical dispute mediation committee, the two parties reached a settlement and signed a mediation agreement. on august 17, xiao wu found that the compensation had arrived.

"i think i was able to successfully defend my rights because i have certain professional knowledge." xiao wu told the reporter of chao news that before that, she studied for a master's degree in medicine at shanghai jiaotong university, combined with her knowledge background of a double master's degree in advertising, and taught herself a lot of legal knowledge. she said,knowledge gave her strength and confidence.

after the incident, xiao wu did not panic, nor did he go to the hospital to make a scene. instead, he remained calm and immediately consulted a dermatologist and a lawyer.emergency treatment of burns, clear evidence collection, complaints, mediation...she knew it was not easy to defend her rights, but she still followed the process in an orderly manner. in the face of a clear and complete chain of evidence, the medical beauty institution had no chance to quibble.

“consumer rights protection is mainly divided intoevidence collection, complaints, mediation, prosecutionseveral links. "when lawyer tang sorted out the rights protection process for medical beauty consumers, he said that after a dispute occurs,consumers should collect evidence as soon as possible and ask the institution to review, copy and seal the complete medical records, and promptly retain relevant information such as medical beauty service contracts and payment receipts.afterwards, consumers can try to resolve the dispute through private mediation with the medical beauty institution, application for mediation to the medical dispute mediation committee, or administrative mediation. if mediation fails, consumers can file a lawsuit in the people's court.

lawyer tang said that if a medical beauty institution or individual is involved in administrative violations, consumers can complain to the administrative department. if it involves issues related to the qualifications of institutions, doctors, nurses, anesthesiologists, etc., you can complain to the health administrative department; if it involves business licenses, medical practice licenses, false propaganda, fraud, arbitrary charges, etc., you can complain to the health administrative department, market supervision and management department, and consumer associations. if the institution is involved in a crime, consumers should file a complaint with the public security agency in accordance with the law.

"it's okay to love beauty, but it's also important to be aware of risks. medical beauty consumption has certain particularities and risks. before undergoing medical beauty, consumers should carefully consider and understand the risks in advance. once a dispute occurs, evidence should be collected in a timely manner, based on facts, and rights should be rationally protected in accordance with the law."in chen yinjiang's view, to "cure" the "multi-disease" medical beauty industry and protect the rights and interests of medical beauty consumers, not only does it require individual consumers to actively strive for it, but it also requires multi-directional efforts from all departments.

chen yinjiang believes that medical beauty operators should strengthen industry self-discipline. they should enhance legal awareness and sense of responsibility, and operate in compliance with credit and laws and regulations. medical beauty institutions and their personnel should have medical beauty qualifications, fulfill their reminder obligations before providing services, and inform consumers of relevant information. regulatory authorities should increase the frequency and intensity of supervision and inspection, investigate and punish illegal and irregular business operations that harm consumer rights, order rectification, and publicize relevant institutions to serve as a warning to others.

zhejiang is taking action to protect the rights and interests of medical beauty consumers and to rectify order in the medical beauty industry.

on june 28, the hangzhou local standard "technical specifications for electronic medical record systems of medical cosmetology institutions", jointly compiled by the zhejiang plastic surgery industry association, hangzhou center for disease control and prevention (hangzhou health supervision institute), and hangzhou plastic surgery industry association, was officially released. this local standard further clarifies the requirements for the construction framework, writing standards, archiving, and information security of the medical cosmetic electronic medical record system, and further ensures that the diagnosis and treatment process of medical cosmetic consumers can be recorded in a standardized, accurate, complete, timely, and objective manner.

it is understood that the application of electronic medical record systems has reached 70%-80% in hangzhou so far, with a high coverage rate. the local standards of hangzhou may also promote the construction of "hangzhou quality medical beauty city" and play a demonstration and leading role in the standardization of the medical beauty industry.