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8 Do not get yourself ruined: law and property safety
This section counts money and personal freedom, and does not convert them into years of life. It covers three things: what liability the law puts on you, how much less you pay if you follow the advice, and what procedural rights you have if something happens. The article numbers of the laws were all checked against the official texts.
The items in this section are grouped by topic below, with item numbers in parentheses.
Fraud prevention: If you find you were scammed, ask for a payment stop at once (item 2); hard anti-fraud rules (item 3); seeing a face on video does not count as checking (item 4); do not lend your bank card or SIM card (item 8); check your credit report for free (item 9); being scammed in online shopping or second-hand deals (item 22); ask the price first for home repairs (item 27); do not carry things for strangers (item 29); “helping with a face scan” is an AB loan (item 45).
Signing, borrowing and debt: Read the whole paper before you sign (item 17); write a clear IOU for a loan (item 18); enforcing your rights has time limits (item 19); report your assets truthfully if you are under enforcement (item 20); being put on the list of dishonest judgment debtors (item 21); do not be a figurehead legal representative (item 28); a family member ran up gambling debts (item 44).
Conflict and grudges: If a conflict starts, call the police first (item 10); you may hit back against harm you cannot escape (item 11); if you have a grudge, do not go and settle it yourself (item 12); do not attack people who have nothing to do with it (item 13); if the thought of taking others down with you comes up (item 14); if someone close to you says “nobody gets to be okay” (item 15); the route of buying insurance on someone and then attacking them is closed (item 38).
Dating and marriage: Think it through before you hand over a large gift (item 23); pay betrothal gifts by transfer (item 24); write down pre-marital property clearly (item 25); check marital status before marrying (item 26); if you suffer domestic violence, call the police first (item 43).
Police reports, accusations and evidence: If you are summoned, get a lawyer first (item 5); if something happens, go and explain it voluntarily (item 6); someone reports you with made-up facts (item 33); insufficient evidence should mean a not-guilty verdict (item 34); apply for state compensation (item 35); when you report to the police, ask for the case receipt on the spot (item 39); do not give money to the people handling your case (item 40); record conversations that may turn hostile (item 41); photograph the whole scene first (item 42).
Online speech and cyberbullying: Do not insult people or spread rumors online (item 16); if you are cyberbullied, turn on protection first (item 37).
Sex and blackmail: If the other person is not fully conscious, do not have sex (item 31); if someone demands money over a nude chat, go straight to the police (item 32); when you claim compensation as a victim, do not go alone to meet the other side (item 36).
Driving, dogs and burglary: Do not flee after a traffic accident (item 1); do not touch the wheel after drinking (item 7); dogs must be on a leash (item 30); fit good locks on doors and windows (item 46).
Items in this section (46)
- 8.1 After a traffic accident, stop, help the injured, and call the police — don’t flee
- 8.2 If you realize you’ve been scammed, call 110 or 96110 right away to request a stop-payment — don’t try to investigate on your own first
- 8.3 Remember the core anti-fraud rules: don’t readily trust incoming calls, don’t give out information, don’t click links, and check any transfer carefully. The seven most common scams all have this shape
- 8.4 Seeing a face on video or hearing a voice on the phone does not count as verification; if a transfer is involved, hang up first and call back using an old number saved in your contacts
- 8.5 If accused or summoned, hire a lawyer first — don’t settle privately or delete records
- 8.6 Coming forward voluntarily after an incident: Self-surrender can cut a sentence by up to 40%, for minor offences the cut can be bigger or the penalty waived entirely, and the route of “waiting out the limitation period” is closed
- 8.7 Don’t touch the steering wheel after drinking — even for e-bikes or “just moving the car a bit”, and do not lend your car to someone who has been drinking or has no license
- 8.8 Never lend your bank cards, SIM cards, or payment accounts to anyone — “running points” (跑分, moving money through your account for a fee) is not a side job
- 8.9 Checking your credit report twice a year for free helps spot any loans or cards you didn’t apply for
- 8.10 If a conflict starts, call the police first and do not strike: the one who strikes first makes it easy for the other side’s hitting back to count as justified self-defense
- 8.11 You may defend yourself against an unavoidable attack, but only strike the person who is actually attacking — stop when he stops
- 8.12 If you have a grievance — unpaid wages, being fired, being cheated out of money — file a complaint, go to arbitration or sue, and do not go after the person
- 8.13 No matter how angry you are, never attack people who have nothing to do with it: deliberately driving into a crowd or committing violence in public is classified as endangering public safety by dangerous means, carrying a minimum sentence of three years; if anyone dies, the sentence starts at ten years and goes up to death
- 8.14 Thoughts such as “take someone down with me” or “we all die together” must be treated as a medical emergency: leave the scene, hand over car keys and knives to someone else, and call 12356
- 8.15 If someone close to you says “nobody gets to be okay” or “I’ll take the kids with me when I go”, do not treat it as angry talk: close relatives can take the person straight to a hospital, and police must act when it is reported
- 8.16 Don’t curse, spread rumors, or share unverified content online; if you’re a victim of online abuse, document evidence first then report it to police
- 8.17 Read the document thoroughly before signing; never sign on behalf of others or on blank paper
- 8.18 Write a clear IOU when lending money; before guaranteeing for someone, first decide whether you are willing to repay for him
- 8.19 Time limits for legal action: 3 years for civil lawsuits, 1 year for labor arbitration; once the deadline passes, a simple “statute of limitations exceeded” claim can block your case
- 8.20 If you’re being sued or have a court order against you, report all your assets truthfully and repay as much as you can — don’t transfer your house or money to relatives, friends, or companies
- 8.21 If you’re subject to spending restrictions or listed on the dishonesty registry, first find out which rule you were listed under, and apply for correction where it can be corrected
- 8.22 If scammed while shopping online or via second-hand markets, first file a complaint with the platform, then report it to police, and finally decide whether to sue
- 8.23 Think it through before you hand over a large gift in a relationship or marriage; after you hand it over, you generally cannot get it back
- 8.24 Send betrothal money by transfer and note what it is for, and keep the chat record. Money demanded by means of marriage can be asked back
- 8.25 Premarital property is nothing to fear: first put in writing any name added to the house and any money from parents
- 8.26 Check a person’s marital status before getting married; those who use marriage as a pretext to defraud money can be prosecuted for fraud
- 8.27 For repairs at your home, vehicle inspections, and renovations: always ask for a quote first and stay on site throughout the process
- 8.28 Don’t be a “nominal legal representative” — don’t lend your ID to register a company
- 8.29 Don’t carry items for strangers when traveling, and don’t accept packages of unknown origin
- 8.30 Leashing dogs is mandatory: failure to do so means strict liability for any harm caused (you must pay compensation regardless of fault), and the obligation extends fully. The dog also needs its rabies vaccinations on schedule and a dog registration
- 8.31 If the other person is too drunk to be fully conscious, is asleep, or may be under 14, do not have sex with them
- 8.32 If after sex or a nude chat someone threatens to call the police, post photos, or inform your workplace unless you pay up — don’t give them a single cent and don’t delete any records; call the police right away
- 8.33 If someone falsely accuses you, you can demand that the person be held to account: if it reaches a public-order penalty, detention from 5 days; if it is a crime, up to 3 years
- 8.34 Insufficient evidence alone warrants acquittal; coerced confessions must be excluded; petitions (申诉) and retrials remain possible after conviction
- 8.35 For individuals released from detention after a case is dropped, a decision not to prosecute is made, or they are acquitted, applying for state compensation is possible — compensation is calculated on a daily basis
- 8.36 If you’re a victim seeking compensation, use channels like 12315, file a lawsuit, or hire a lawyer. Never meet the offending party alone, and don’t phrase “paying money” and “I won’t expose you” as a single condition
- 8.37 Cyberbullying: First enable protections, gather evidence, then choose among three routes: the platform, an injunction, or the police
- 8.38 The legal route of “buying insurance on someone first, then attacking them” is blocked from the start: you get zero money, and the crimes are punished together as intentional homicide plus insurance fraud
- 8.39 You must obtain a case receipt when reporting a crime; if no case is opened, you must receive a written notice. You can request a reconsideration within 7 days and a review within another 7 days. The procuratorate can also order the police to open a case
- 8.40 Don’t give money or cards to investigators, law enforcers: offering bribes is a crime, and bribing oversight, law enforcement, and judicial staff is punished even more severely
- 8.41 For calls and in-person talks where things might turn sour, start recording right away: you can record conversations you personally take part in without needing prior consent from the other party
- 8.42 In an emergency at the scene, first film a wide shot, then capture the spatial relationships, and finally record the damage and injuries — keep the original photos and videos
- 8.43 Domestic violence: Call the police to get an incident report, then apply to court for a protection order — no divorce required and it’s free
- 8.44 Family members have gambling debts — don’t rush to pay them: gambling debts aren’t legally protected, nor are loans taken for gambling considered joint marital debts
- 8.45 Don’t agree when an acquaintance asks you to “help by doing a facial scan or acting as a witness” to secure a loan, or to read out a verification code — this is known as “AB loan” fraud. In this scheme, you are the borrower, not a guarantor
- 8.46 Install proper locks on doors and windows and an outdoor motion-sensor light; always actually lock them: these steps help prevent burglary, but a single alarm alone won’t do much
8.1 After a traffic accident, stop, help the injured, and call the police — don’t flee
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
If you flee the scene, you are automatically considered fully responsible for the accident. Your driver’s license will be revoked, and if the hit-and-run amounts to a crime you can never apply for a license again. More practically, both collision damage coverage and third-party liability insurance will not pay any claims related to fleeing — you’d have to cover hundreds of thousands of yuan in compensation out of pocket. Staying on the scene to help and call the police takes at most an hour or two.
- Cost
No cost at all. Stopping, turning on hazard lights, helping the injured, and calling the police cost nothing, and waiting for the traffic police takes at most one or two hours. In minor accidents where no one is hurt and both parties agree on what happened, you can first take photos, then note down the other driver’s name, phone number, license plate, driver’s license number, insurance policy number, and the damaged parts of the vehicles. After both parties sign a statement, they may leave the scene and later negotiate a settlement.
- Benefit
The person who flees bears full responsibility for the accident. Only if you can prove the other driver also acted negligently might that responsibility be reduced. Fleeing also results in revocation of your driver’s license, and if the hit-and-run amounts to a crime you can never apply for a license again. If the incident meets the criteria for a traffic-related crime, fleeing can lead to a sentence of 3 to 7 years; if someone dies because of it, the sentence is 7 years or more. Insurance won’t help either: in commercial auto insurance, both collision damage coverage and third-party liability cover exclude any claims arising from “hit-and-run,” “intentional tampering with or falsifying the scene,” or “destruction of evidence,” leaving you to pay the compensation, hundreds of thousands of yuan, yourself (nationwide).
- Notes
If anyone is injured, first provide aid and then call the police. If moving vehicles or people is necessary to help, mark their original positions first. Even if you feel no impact after a minor collision and drive away, that can still be classified as fleeing — when in doubt, call the police. The insurance point cites the model clauses, which are the insurance industry’s uniform template; the actual coverage you receive depends on the specific terms of your own policy.
Sources
- 全国人大常委会 (2021). 道路交通安全法(2021 年修订,第七十、一百零一条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/205308/index.html(北京市公安交通管理局转载)
- 国务院 (2017). 道路交通安全法实施条例(国务院令第 405 号,2017 年修订,第八十六、九十二条). http://xzfg.moj.gov.cn/front/law/detail?LawID=75
- 全国人大 (1997). 刑法(第一百三十三条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 中国保险行业协会 (2020). 机动车商业保险示范条款(2020 版)(第九、二十二条). https://www.iachina.cn/art/2020/9/4/art_24_104621.html
- 公安部 (2024). 机动车驾驶证申领和使用规定(公安部令第 172 号修改,2025 年 1 月 1 日施行,第十五条第三项「造成交通事故后逃逸构成犯罪的」不得申请机动车驾驶证). https://ga.tj.gov.cn/zwgk/zcwj/jg3/202501/t20250103_6824050.html(天津市公安局转载)
8.2 If you realize you’ve been scammed, call 110 or 96110 right away to request a stop-payment — don’t try to investigate on your own first
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
The brief period right after money is sent matters most. During this time police can issue an emergency stop-payment order and quickly freeze the funds; banks are required to comply. Once the money has been moved through multiple accounts and scattered, the chance of getting it back is much smaller. Therefore, call 110 or 96110 immediately — don’t waste time investigating or asking questions on your own. Calls to 96110 come from police officers trying to warn you, so be sure to answer them.
- Cost
No cost at all. Just make one call, clearly stating the time of the transfer, the amount, and the scammer’s account number. Keep screenshots of the transfer and any chat records.
- Benefit
Law enforcement has the authority to instantly query, urgently stop-pay, and swiftly freeze any funds linked to a scam. Banks and payment services must cooperate. Once frozen, those funds are returned to victims according to established procedures. The sooner a stop-payment is ordered, the higher the chance of recovery; after the money has been dispersed, success rates drop dramatically. 96110 is the nationwide anti-fraud hotline; calls from this number are police warnings, so you must answer them. (Nationwide, effective December 2022)
- Notes
Anyone claiming to be from police, prosecutors, or courts and asking you to transfer money to a “secure account” is running a scam. The law merely mandates the creation of a stop-payment and freezing mechanism so banks can hold the funds. How much can be recovered depends on whether the money is still in the account at the time you report it. Information about the “National Anti-Fraud Center” app and 96110 is taken from a Fujian Provincial Public Security Department page; the original page on the Ministry of Public Security’s site cannot be accessed.
Sources
- 全国人大常委会 (2022). 反电信网络诈骗法(第二十、三十四条). https://www.spp.gov.cn/spp/fl/202209/t20220902_575631.shtml
- 福建省公安厅 (2023). 96110 来电,请务必接听. http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202303/t20230306_6126156.htm(省级公安机关页面)
8.3 Remember the core anti-fraud rules: don’t readily trust incoming calls, don’t give out information, don’t click links, and check any transfer carefully. The seven most common scams all have this shape
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
If someone asks you to transfer money, share your screen, download an unknown app, click a link, or give out a verification code, hang up first, then call back on an official number to verify. The seven types are order-brushing rebate scams (刷单返利, paid “tasks” that promise a rebate), fake investment and wealth-management schemes, online loan scams, impersonation of customer service, impersonation of police, prosecutors or courts, “pig-butchering” romance scams (杀猪盘), and seduction-based order-brushing. All of them first ask you to send money. Spotting them beforehand is much cheaper than chasing the money afterwards.
- Cost
No cost at all. Just memorize the “three no’s and one extra check” rule, read through the descriptions of the seven scam types below, and install the “National Anti-Fraud Center” app. Make sure to answer any calls from 96110. If someone asks you to transfer money, share your screen, download an unknown app, click a link, or share verification codes, hang up first and then call an official number to verify. The hard part is that scammers often pressure you to act immediately — you must resist that pressure and hang up first.
- Benefit
The law requires the government and the relevant departments to explain the methods of telecom and online fraud to the public. Public security organs, together with the financial, telecom and cyberspace authorities, run an early-warning and dissuasion system and step in to dissuade people who may be about to be scammed. 96110 is this nationwide early-warning hotline, so answer its calls. The Ministry of Public Security announced in June 2026 that the 10 most common types of fraud made up 85% of all telecom fraud cases. Order-brushing rebates were the most frequent, at 25%. Fake online investment and wealth management caused the largest losses, about 40% of all losses. The Fujian Provincial Public Security Department breaks down the signs of each type as follows. Order-brushing rebates: “whoever calls you to make money together is probably trying to make money off you”; if the tasks are never finished, the principal is not refunded. Fake investment: “shills” in the group show off their profits, pay you a small rebate first, then get you to put in more, and ask for “tax” before you can withdraw. Online loans: “a loan does not require a deposit or bank statements; if you meet that, it must be fake.” Customer service impersonation: they say you signed up for a membership that will be charged automatically and hurt your credit record, and push you to transfer money to cancel it. These scammers often have you download a “some-meeting” app and then turn on screen sharing. Once you share, “message pop-ups, SMS verification codes, password entry and so on can all be seen clearly” on your phone. The warning from the Shanghai anti-fraud center: “Anything that mentions a ‘meeting ID’, ‘screen sharing’ or ‘remote control’ is a scam.” Police, prosecutor and court impersonation: “the public security, procuratorial and judicial organs have no so-called ‘safe account’; any ‘public security, procuratorial or judicial organ’ that handles a case or takes a statement by phone, QQ, WeChat or online is a scam.” Abroad, scammers also pose as embassies and consulates, saying you are suspected of money laundering, have important documents to collect, or have a problem with your passport or visa, and then transfer the call to “police” in China. The Chinese embassy in the US warned students in particular: “Anyone who claims to be staff of an embassy or consulate, a carrier, customs and so on, and on suspicion of a crime transfers the call to the public security organs, is a scammer!” Pig-butchering: “do not easily trust a ‘lover’ you have never met and have only seen in photos or video”; they never video-call or meet, yet often have an urgent need for money. Seduction order-brushing: they arrange to meet but first make you do “tasks”, and you pay more and more. Spotting them beforehand is much cheaper than stopping payment afterwards. How much a payment stop can recover depends on whether the money is still in the account when you report. How to stop payment is in item 2 (call 110 or 96110 to ask for a payment stop) (nationwide, from December 2022)
- Notes
Scammers posing as police, judicial officials, customer service agents, supervisors, or platform risk control staff all use the same basic tactic: they ask you to “cooperate with an investigation”, “cancel a membership”, “join a task reward scheme”, or “access insider investment opportunities”. Legitimate loans never require upfront deposits, and no police or judicial agency has any “safe accounts” — remembering these two facts alone can help you avoid most scams. This is graded B because the “three no’s and one extra check” rule is only an official public awareness slogan; there are no hard statistics showing exactly how much it reduces scam victimization. The rule and the list of seven scam types are taken from provincial public security department websites. The top 10 scam types identified by the Ministry of Public Security in 2026 also include impersonation of e-commerce and logistics customer service agents, fake loan and credit report scams, fraudulent online gaming transactions, fake online dating schemes, impersonation of supervisors or acquaintances, and fake flight cancellation/refund offers — all of them follow the same pattern of ultimately demanding a money transfer. If you get a call abroad from someone claiming to be an embassy or consulate or the police in China, saying you are implicated in a case, have documents to collect, or have a problem with your passport, always hang up first. Students studying abroad are a main target of this kind of scam. If an acquaintance asks you in person to “help with a face scan” for a loan — no transfer, but you end up as the borrower — see item 45 (help with a face scan). Outsourced online-store operation scams that you meet when doing business are in Section 12, item 24 (outsourced online-store operation).
Sources
- 全国人大常委会 (2022). 反电信网络诈骗法(第八、二十、三十四条). https://www.spp.gov.cn/spp/fl/202209/t20220902_575631.shtml
- 公安部 (2026). 公安部发布会:通报当前电信网络诈骗犯罪的最新形势、特点提示防范电信网络诈骗要点(2026 年 6 月 12 日):「以上这10类案件就占了全部电诈案件的85%。其中,刷单返利诈骗发案最高,占所有电诈案件的25%
- 虚假网络投资理财诈骗损失最高,约占全部电诈案件损失的40%」. https://www.mps.gov.cn/n2254536/n2254544/n2254552/n10491781/index.html
- 福建省公安厅 (2023). 96110 来电,请务必接听. http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202303/t20230306_6126156.htm(省级公安机关页面,含「来电不轻信,信息不透露,链接不点击,转账多核实」口诀及「警惕 192 开头的诈骗电话」提示)
- 福建省公安厅 (2023 到 2024). 识骗技巧专栏:刷单 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202307/t20230703_6196881.htm
- 投资理财 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202312/t20231220_6362145.htm
- 贷款 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202312/t20231207_6326741.htm
- 冒充客服 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202310/t20231020_6279505.htm
- 共享屏幕(2022 年 8 月 18 日)https://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202208/t20220818_5977906.htm
- 「中银会议」等诈骗 App(2025 年 5 月 12 日,转载上海反诈中心)https://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202505/t20250512_6912823.htm
- 冒充公检法 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202309/t20230913_6255863.htm
- 中国驻美国大使馆双边处警务联络官 (2025). 开学第一信(三)(2025 年 1 月 28 日). https://us.china-embassy.gov.cn/chn/lsfw/lsxz/lstx/202503/t20250305_11568435.htm
- 杀猪盘 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202308/t20230818_6232030.htm
- 色诱刷单 http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202403/t20240307_6410612.htm
8.4 Seeing a face on video or hearing a voice on the phone does not count as verification; if a transfer is involved, hang up first and call back using an old number saved in your contacts
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Seeing someone’s face or hearing their voice is not reliable proof of identity. Whenever money transfer is mentioned, hang up immediately and call back using an old number stored in your contacts, or ask someone you both know. If the caller claims “poor signal” or “I’m in a meeting” and refuses a live video chat, treat it as a scam.
- Cost
No cost involved. It only requires making one extra call and waiting a few extra minutes. In general, avoid posting videos of your face or long voice recordings on public accounts. The hard part is that scammers often pressure you to act quickly — you must resist the urge to transfer money right away.
- Benefit
The Cybersecurity Bureau of the Ministry of Public Security has outlined three key measures. First is motion verification: ask the other party to perform a smooth head-turn motion, or to completely cover their face with a palm and then remove it quickly. The original text notes that current AI technology still struggles to accurately simulate such complex facial occlusions and lighting changes, often resulting in choppy, blurry, or distorted images. Second is listening for audio cues: AI-generated voices sometimes lack natural breathing pauses or emotional variation, and may sound slightly mechanical or contain unusual background noise. Third and most important is cross-channel verification. As stated in the source material, “after hanging up, immediately call a number the person regularly uses and you recognize — do not call back the suspicious number — or ask a mutual acquaintance for confirmation.” The rule of thumb is: “Don’t trust video or voice alone; verify through actions and multiple channels.” Legally, using face-swapping or voice-cloning technology for fraud is strictly prohibited. Platforms must clearly label any service offering face generation, replacement, voice synthesis, or voice imitation; no organization or individual may maliciously remove, alter, forge or hide such labels. However, platforms are the ones that follow the rules and scammers will not add a label, so, the absence of a label cannot be taken as proof that the caller is genuine. The Criminal Investigation Bureau published one case in which a 14-person gang was caught with more than 50,000 synthetic moving-face videos and more than 500,000 pieces of citizens’ personal information. Police also seized 60 cloud servers. (Nationwide; the labeling duty has applied since September 1, 2025.)
- Notes
Always use an old number saved in your contacts when calling back — never dial the number shown on the incoming call or any new number the scammer provides. If the caller cites “poor signal” or “a meeting” to avoid a live video or motion test, assume it is a scam. Motion verification is only a supplementary tool; since AI capabilities keep improving, the only truly reliable step remains cross-channel confirmation. If money has already been transferred, see item 2 (call 110 at once and ask for the payment to be stopped). For information on protecting your own facial and voice data, see section 14. This item is rated B because official sources provide identification methods and case examples, but no statistics are given on how much these measures actually reduce fraud rates. The main Ministry of Public Security website (mps.gov.cn) remains inaccessible due to a 521 error; the quoted texts from the Cybersecurity Bureau and Criminal Investigation Bureau were taken from a republishing page run by the Fujian Provincial Public Security Department.
Sources
- 公安部网安局 (2025). 眼见≠为实,警惕 AI 新型诈骗!http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202509/t20250922_7013008.htm(福建省公安厅转载)
- 国家互联网信息办公室、工业和信息化部、公安部 (2022). 互联网信息服务深度合成管理规定(第六、十六、十七条,2023 年 1 月 10 日施行). https://www.gov.cn/zhengce/zhengceku/2022-12/12/content_5731431.htm
- 国家互联网信息办公室、工业和信息化部、公安部、国家广播电视总局 (2025). 人工智能生成合成内容标识办法(第十条,2025 年 9 月 1 日施行). https://www.cac.gov.cn/2025-03/14/c_1743654684782215.htm
- 公安部刑侦局、央视新闻 (2026). 警方查获 5 万多条合成动态人脸视频 谁在「复制」你的脸?http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202603/t20260330_7117146.htm(福建省公安厅转载)
8.5 If accused or summoned, hire a lawyer first — don’t settle privately or delete records
- Money High
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
You can hire a lawyer right from the first time you’re called in for questioning. If the lawyer requests a meeting, the detention center must arrange it within 48 hours, and those talks cannot be monitored. You’re allowed to refuse answering any questions unrelated to the case.
- Cost
Legal fees start at several thousand yuan. Those with financial difficulties can apply to legal aid agencies for a free lawyer. When questioned, answer only questions relevant to the case; leave the rest to your lawyer. The hard part is staying calm on the spot and resisting the urge to explain everything yourself.
- Benefit
Starting from the first interrogation or from the moment you’re placed under compulsory measures restricting your freedom, you have the right to appoint a lawyer. While the case remains under police investigation, only lawyers may represent you — no one else can serve as a defense counsel. Upon a lawyer’s request, the detention center must arrange a meeting within 48 hours, and such meetings are not monitored. No one may be forced to confess guilt, and you may refuse answering questions unrelated to the case. A summons or compulsory appearance lasts at most 12 hours; for especially serious and complex cases, this limit extends to 24 hours. A summons merely notifies you to come for questioning, while compulsory appearance means you’re physically taken there. Back-to-back summonses must not be used as a disguised way of holding someone. Anyone fabricating facts to falsely accuse another and seeking criminal punishment for them faces up to three years in prison; if serious harm results, the sentence rises to three to ten years. If charges are dropped, prosecution is refused, or a court acquits you after detention or arrest, you may claim state compensation calculated daily based on the previous year’s national average daily wage for workers.
- Notes
Do not attempt to settle privately with the other party or contact their family members. Any “private settlement” may be interpreted as admitting guilt. Chat logs, call records, and travel histories serve as proof of your innocence; deleting them removes your own evidence. Misremembering something, or making a report that later proves unfounded, is not the crime of false accusation. This rule applies equally to all accused individuals regardless of gender. For further details, see item 33 (punishing those who fabricate facts), item 34 (acquittal when evidence is insufficient, and appeals and retrials), and item 35 (state compensation after detention is counted by the day).
Sources
- 全国人大常委会 (2018). 刑事诉讼法(2018 年修正,第三十四、三十五、三十九、五十二、一百一十九、一百二十条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml
- 全国人大 (1997). 刑法(第二百四十三条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 全国人大常委会 (2012). 国家赔偿法(2012 年修正,第十七、三十三条). https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html(国家统计局转载)
8.6 Coming forward voluntarily after an incident: Self-surrender can cut a sentence by up to 40%, for minor offences the cut can be bigger or the penalty waived entirely, and the route of “waiting out the limitation period” is closed
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
Voluntarily surrendering can reduce a prison term by up to 40%; for less serious offenses it may even lead to no punishment at all. If you confess only after being caught, the reduction is generally at most 20%. Running away or denying responsibility yields no benefit. Relying on the statute of limitations to get off scot-free is impossible: once a case is officially opened, the time you spend evading authorities does not count toward that limit.
- Cost
There is no cost at all. You can turn yourself in at a police station, or stay where you are and call the police, then tell them exactly what happened. The hard part is resisting the urge to “wait and see — maybe no one will notice.”
- Benefit
Article 67 of the Criminal Law: a person who, after committing a crime, voluntarily turns themselves in and truthfully confesses their crime has surrendered (自首). A person who has surrendered may be given a lighter or mitigated punishment, and where the crime is relatively minor, punishment may be waived. A person who did not turn themselves in but truthfully confesses their crime (坦白, confession) may be given a lighter punishment; where the truthful confession avoids especially serious consequences, punishment may be mitigated. The sentencing guidelines of the Supreme People’s Court and the Supreme People’s Procuratorate give explicit ranges. The baseline sentence is the term first worked out from the facts of the case; the percentages below are deducted from it. Self-surrender can reduce the baseline sentence by up to 40%; where the crime is relatively minor, by more than 40% or punishment may be waived under the law. Among confessions: truthfully confessing one’s own crime reduces it by up to 20%. Truthfully confessing a graver crime of the same kind that the judicial organs have not yet found out reduces it by 10% to 30%. A truthful confession that avoids especially serious consequences reduces it by 30% to 50%. Pleading guilty and accepting punishment reduces it by up to 30%. Where self-surrender, a major confession, return of stolen goods or losses, and compensation with forgiveness occur together, the reduction is up to 60%; for a relatively minor crime, more than 60% or punishment may be waived under the law. The limitation period for prosecution has four tiers by the statutory maximum sentence: 5, 10, 15 and 20 years (Article 87). But Article 88 states an exception: after the procuratorate, the public security organ or the state security organ has opened a case for investigation, or after the court has accepted a case, a person who evades investigation or trial is not subject to the limitation period (nationwide; the sentencing ranges have applied since July 1, 2021)
- Notes
This item benefits you yourself. Self-surrender is only a mitigating factor: the crime is still found, and the court decides how much to reduce. The sentencing guidelines require the leniency for serious violent crimes and drug crimes to be applied strictly. Traffic accidents have a separate calculation. Staying at the scene, helping the injured and reporting to the public security organ count as voluntary surrender, but these are already legal duties, so the leniency is applied strictly. A person who turns themselves in after fleeing still counts as having surrendered, but the heavier statutory sentencing tier is used as the baseline, and only then is it decided whether and how much to reduce. For what to do at an accident scene, see item 1 of this section (after a traffic accident, stop, help the injured, and call the police). Hiring a lawyer first does not conflict with a truthful confession; see item 5 (if accused, hire a lawyer first). What the lawyer helps you check is whether the record is written correctly, not to help you invent a story.
Sources
- 全国人大. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第六十七、八十七、八十八条. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92
- 最高人民法院、最高人民检察院 (2021). 关于常见犯罪的量刑指导意见(试行)(法发〔2021〕21 号,2021 年 7 月 1 日施行)三(六)(七)(十四). 甘肃省张掖市人民检察院转载全文. http://www.zhangye.jcy.gov.cn/info/1039/2086.htm
- 最高人民法院 (2010). 关于处理自首和立功若干具体问题的意见(法发〔2010〕60 号)一. 最高人民法院公报. http://gongbao.court.gov.cn/Details/f3089058d37e11cd16d801530934ae.html
8.7 Don’t touch the steering wheel after drinking — even for e-bikes or “just moving the car a bit”, and do not lend your car to someone who has been drinking or has no license
- Money Low
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
If you drive after drinking, your license is suspended for 6 months and you are fined one or two thousand yuan; a repeat offense means detention plus revocation. Drunk driving means immediate revocation, you cannot retake the test for 5 years, and you are also prosecuted for the crime of dangerous driving. If you have an accident while driving after drinking, commercial auto insurance pays nothing. If you lend your car to someone you know has been drinking or has no license, you must also pay part of the compensation after an accident.
- Cost
Using a designated driver or taking a taxi costs only a few dozen yuan. Agree in advance who won’t drink at any gathering. It can be hard to politely refuse when others keep offering drinks.
- Benefit
For driving after drinking, the driving license is suspended for 6 months and the fine is 1,000 to 2,000 yuan. For a repeat offense, detention of up to 10 days and revocation of the driving license. For drunk driving, the license is revoked directly, you cannot retake the test for 5 years, and you bear criminal liability for the crime of dangerous driving, with criminal detention (拘役, short-term custody) and a fine. Drivers of commercial vehicles get more: driving after drinking brings 15 days’ detention, a 5,000 yuan fine and a 5-year driving ban; drunk driving brings a 10-year ban, and you can never drive a commercial vehicle again. If driving after drinking or drunk driving causes a serious accident and is a crime, the driving ban is for life. Commercial auto insurance pays nothing for driving after drinking or taking drugs. Moving a car within a residential compound or parking lot, or parking it into a space: such short-distance drunk driving may be left out of criminal treatment. But the license is still revoked, and you are still fined and detained under the rules for driving after drinking. Riding an electric bicycle: the State Council’s implementing regulations also say “no driving while drunk”; violators get a warning or a fine of 5 to 50 yuan. Handing a vehicle to a person with no license, or with a revoked or suspended license: a fine of 200 to 2,000 yuan, and your own license may also be revoked. If an accident happens with a car you lent, as a rule the driver pays. But if you knew or should have known that he had been drinking or had no license and still gave him the car, the court finds you at fault and you pay part according to your fault. In a case published by the Supreme People’s Court in May 2026, the owner knowingly handed the car to a tablemate who had been drinking. The owner was held liable together with the driver, within a range of 40% (nationwide)
- Notes
Drunk driving is a criminal offense. It leaves a criminal record and affects your own political (background) review and some professional qualifications. “Drinking” and “drunk” are separated by the alcohol content of the blood; the exact line is set by a national standard. This section did not verify that figure, so do not estimate by feel which band you are in. The Road Traffic Safety Law has no separate fine for handing the car to someone who has been drinking. Article 99 only fines handing it to someone with no license, or with a revoked or suspended license. The 2023 drunk-driving opinion of the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministries of Public Security and Justice has no article specifically on providing a vehicle either. The consequences here fall mainly on civil compensation.
Sources
- 全国人大常委会 (2021). 道路交通安全法(2021 年修订,第八十九、九十一、九十九条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/205308/index.html(北京市公安交通管理局转载)
- 国务院 (2004). 道路交通安全法实施条例(国务院令第 405 号,第七十二条). https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_3745.htm
- 最高人民法院、最高人民检察院、公安部、司法部 (2023). 关于办理醉酒危险驾驶刑事案件的意见(第十二、二十条). https://www.spp.gov.cn/spp/xwfbh/wsfbt/202312/t20231218_637161.shtml
- 全国人大 (2020). 民法典(第一千二百零九条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 最高人民法院 (2020). 关于审理道路交通事故损害赔偿案件适用法律若干问题的解释(2020 年修正,第一条). https://gw.nscourt.gov.cn/nscourt/wzsy/swgk/sfwj/content/post_1473229.html(深圳市南山区人民法院转载)
- 最高人民法院 (2026). 最高法发布道路交通事故损害赔偿典型案例(案例 1). https://www.court.gov.cn/zixun/xiangqing/499041.html
- 全国人大常委会 (2015). 刑法修正案(九)(第八条,即刑法第一百三十三条之一). https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml
- 中国保险行业协会 (2020). 机动车商业保险示范条款(2020 版)(第九、二十二条). https://www.iachina.cn/art/2020/9/4/art_24_104621.html
8.8 Never lend your bank cards, SIM cards, or payment accounts to anyone — “running points” (跑分, moving money through your account for a fee) is not a side job
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
Renting, lending or selling your bank card, SIM card or payment account to someone is itself illegal. The fine is 1 to 10 times the illegal gains; if there are no gains or they are under 20,000 yuan, the fine is up to 200,000 yuan, and in serious cases there is detention of up to 15 days. If you knowingly help someone who is using the account for a crime, by receiving and moving money, then in serious cases that is the crime of helping information network criminal activities, with a sentence of up to 3 years.
- Cost
Zero. Some people claim “just lend your card for a few transactions and you’ll get a few hundred yuan” — just say no.
- Benefit
Renting, lending or selling phone cards, bank accounts, payment accounts or internet accounts is itself illegal. The illegal gains are confiscated and a fine of 1 to 10 times the gains is imposed. If there are no gains or the gains are under 20,000 yuan, the fine is up to 200,000 yuan. In serious cases, there is detention of up to 15 days. You may also be entered in the credit record, have account functions restricted, and have non-counter services suspended (you can only transact at the counter). If you know that someone is using the internet to commit a crime and still give him help such as payment and settlement, then in serious cases it is a crime. The offense is helping information network criminal activities (帮信罪 for short), punished with up to 3 years’ imprisonment and a fine (nationwide)
- Notes
Claiming “I had no idea what the other person intended to do with my cards” won’t protect you. Law enforcement determines intent based on external circumstances: receiving payment for lending cards or clearly abnormal account activity can be used as evidence of awareness. Even if you ultimately aren’t convicted, accounts used to receive illicit funds get frozen and you face other penalties. Doing someone else’s real-name verification by face scan or by reading verification codes carries the same penalties; see item 45 (help with a face scan).
Sources
- 全国人大常委会 (2022). 反电信网络诈骗法(第三十一、四十四条). https://www.spp.gov.cn/spp/fl/202209/t20220902_575631.shtml
- 全国人大常委会 (2015). 刑法修正案(九)(第二十九条,即刑法第二百八十七条之二). https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml
8.9 Checking your credit report twice a year for free helps spot any loans or cards you didn’t apply for
- Money No cost
- Time Minutes
- Willpower None
- Benefit Medium
- Measured in Money
- In plain terms
Laws give you the right to check your own credit report twice a year at no charge, and you can finish the process online in ten minutes. Negative entries stay on the report for five years from the date they’re resolved; after that they must be removed. If you dispute any information, the credit agency or data provider must respond to you in writing within 20 days. To check your report, use the official website of the People’s Bank of China’s Credit Information Center or your mobile banking app — avoid third-party “credit check” apps, as they collect your personal data.
- Cost
It costs nothing. You can complete the check online in just ten minutes.
- Benefit
Administrative regulations state that “individuals have the right to obtain their own credit reports twice a year free of charge,” meaning you can check your report twice annually at no cost. Negative records are kept for five years from the day the bad conduct or event ended; any older entries must be deleted. When you raise a dispute, the credit agency or source of the data must reply in writing within 20 days.
- Notes
Identity theft leading to unauthorized loans or credit cards often goes unnoticed until a person is denied a mortgage years later. The proper channels for checking your report are the People’s Bank of China Credit Information Center website or mobile banking apps. Steer clear of third-party “credit check” apps, as they harvest your personal information. If an acquaintance asked you to help scan your face or act as a witness for a loan, check your report again especially then; see item 45 (help with a face scan). If you are already overdue and someone charges money to “wash” your credit record, see Section 7, item 23 (credit cards or online loans you can no longer repay). The debit cards and phone numbers under your name do not show in the credit report and must be checked separately; see Section 14, item 11 (how many phone cards are under your name).
Sources
国务院 (2013). 征信业管理条例(国令第 631 号,第十六条、第十七条、第二十五条). https://www.gov.cn/zhengce/zhengceku/2013-01/29/content_2303.htm
8.10 If a conflict starts, call the police first and do not strike: the one who strikes first makes it easy for the other side’s hitting back to count as justified self-defense
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
Anyone who assaults another person faces 5 to 10 days in jail and a fine of 500 to 1000 yuan. If they act in a group, target the elderly, pregnant women, children, or disabled individuals, or repeat the assault multiple times, the penalty rises to 10 to 15 days in jail and a fine of 1000 to 2000 yuan. Causing minor injuries to another person turns it into a criminal case, punishable by up to 3 years in prison; serious injuries bring a sentence of 3 to 10 years. When two people hit each other, it does not count as justified defense, so step back and call the police.
- Cost
No cost at all. Simply move to a crowded area and call the police so the other person’s actions are captured on camera. The hard part is resisting the urge to shout back or push them.
- Benefit
Under the law, anyone who assaults another person or intentionally harms them faces 5 to 10 days in jail and a fine of 500 to 1000 yuan. Those who act in a group, target the elderly, pregnant women, children or disabled people, repeat the assault, or attack multiple people at once receive 10 to 15 days in jail and a fine of 1000 to 2000 yuan. Group fights are handled as picking quarrels and provoking trouble (寻衅滋事, making trouble without cause or stirring up a disturbance), with a maximum of 15 days in detention and a fine of 2,000 yuan. Intentional bodily harm that meets criminal criteria results in up to 3 years in prison; serious injuries bring a sentence of 3 to 10 years. Legally, mutual fighting does not count as self-defense. However, if the other person strikes first and the force is clearly excessive, or if you try to avoid the fight but they keep attacking, your retaliation is generally deemed lawful self-defense. Only when your response clearly exceeds what is necessary and causes major harm does it qualify as excessive self-defense, which still warrants a reduced or waived penalty (nationwide, effective January 1, 2026 under the Public Security Administration Punishment Law).
- Notes
After the 2025 revision of the Public Security Administration Punishment Law, all article numbers changed; assault now falls under Article 51 instead of the old Article 43, so any older references are outdated. The definition of “minor injuries” used to determine criminal liability is set by official appraisal standards, which this section does not verify. If the aggressor is already on the ground or has fled, the threat ends, and if you chase and hit him then, it is no longer defense. Carrying a knife, baton or stun device for self-defense is punished if you are caught; see Section 9, item 26 (do not buy a baton or stun device for self-defense).
Sources
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第三十、五十一条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- 全国人大 (1997). 刑法(第二十、二百三十四条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 最高人民法院、最高人民检察院、公安部 (2020). 关于依法适用正当防卫制度的指导意见(法发〔2020〕31 号,第 6、9、11、14 条). https://www.court.gov.cn/zixun/xiangqing/251611.html
8.11 You may defend yourself against an unavoidable attack, but only strike the person who is actually attacking — stop when he stops
- Money High
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
When someone is attacking you or another person, and you use force to stop him and injure him, you bear no criminal liability as long as you do not clearly go too far. If someone is in the middle of a violent attack (行凶), murder, robbery, rape or kidnapping, injuring or even killing them is not considered excessive. However, you must only strike the person actively attacking — stop as soon as he ceases. Even if it is finally found to be on your side, you may still be put on file as a case first and held for a few days first.
- Cost
Legal fees start at several thousand yuan; those with financial difficulties may apply for legal aid. The main cost comes afterward: a case for intentional injury is often opened against you first, required to cooperate with investigations, and even held for ten-odd days. The challenge is staying composed during this period.
- Benefit
The Criminal Law defines what counts as justified defense (正当防卫). When the state, the public interest, or one’s own or another person’s person, property or other rights are being unlawfully attacked, using force to stop the attack and injuring the attacker is justified defense, and there is no criminal liability. The same article also says: “where justified defense clearly exceeds the necessary limit and causes major harm, criminal liability shall be borne, but punishment shall be reduced or waived.” Another paragraph says: “where defensive action is taken against an ongoing violent crime such as assault, murder, robbery, rape or kidnapping, or another violent crime that seriously endangers personal safety, and it causes death or injury to the unlawful attacker, it is not excessive defense and there is no criminal liability.” The guiding opinion of the two supreme judicial organs and the Ministry of Public Security (两高一部) draws the boundary more finely. Finding excessive defense requires both “clearly exceeding the necessary limit” and “causing major harm”; one without the other is not enough. “Causing major harm” means seriously injuring or killing the attacker; light injury or lesser harm does not count. An attack has ended only if the attacker has truly lost the ability to attack or has truly given up. Defense must be aimed at the attacker himself. If the attack is clearly minor and you can see that, yet you directly use a means that can cause serious injury or death to stop it, it is not recognized as a defensive act. The cost of the process has official cases. Procuratorate Guiding Case No. 47, the Yu Haiming case: on the night of August 27, 2018, the police opened an “intentional injury” case. On September 1, the Kunshan Public Security Bureau found justified defense under Article 20, paragraph 3 of the Criminal Law and withdrew the case. Guiding Case No. 45, the Chen case: a student surrounded and beaten by 9 people fought back with a knife and seriously injured 3 of them. The police opened an intentional injury case and put him under criminal detention. The procuratorate found it was justified defense and did not approve arrest, and only then did the police release him. After detention, if the police think arrest is needed, they must request the procuratorate’s review and approval within 3 days (the procuratorate decides whether to approve the arrest). In special circumstances this can be extended by 1 to 4 days. For major suspects who commit crimes while moving from place to place, repeatedly, or in groups, it can be extended to 30 days. The procuratorate then decides within 7 days (nationwide)
- Notes
The default course of action remains as described in item 10: retreat and call the police. Fighting back when two parties are already engaged does not qualify as defense, nor does pursuing an attacker after he has fled or fallen. This provision applies only when retreat is impossible; it does not encourage violence. Afterward, three steps are crucial: remain at the scene after calling police, quickly secure the surveillance footage and the witnesses (the guiding opinion requires the police to collect the scene’s video and audio and question witnesses at the first moment), and consult a lawyer before any formal police questioning (see item 5, hire a lawyer when accused). If the case is finally withdrawn, not prosecuted, or ends in acquittal, you may seek state compensation for detention days, as outlined in item 35. Defending others is also legally permitted, but the risk of stepping into a fight between strangers empty-handed is a different matter; see Section 13, item 37 (coming across a group fight). This protection primarily benefits you and your family.
Sources
- 全国人大 (1997). 刑法(第二十条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 最高人民法院、最高人民检察院、公安部 (2020). 关于依法适用正当防卫制度的指导意见(法发〔2020〕31 号,第 5、6、7、10、11、13、14、19 条). https://www.court.gov.cn/zixun/xiangqing/251611.html
- 最高人民检察院 (2018). 第十二批指导性案例(检例第 45 号陈某正当防卫案、检例第 47 号于海明正当防卫案). https://www.spp.gov.cn/spp/jczdal/201812/t20181219_402920.shtml
- 全国人大常委会 (2018). 刑事诉讼法(2018 年修正,第九十一条). 宁夏回族自治区人民检察院转载全文 https://www.nx.jcy.gov.cn/zwsy/qwfb/202011/t20201119_608817.html
8.12 If you have a grievance — unpaid wages, being fired, being cheated out of money — file a complaint, go to arbitration or sue, and do not go after the person
- Money No cost
- Time Hours
- Willpower A lot
- Benefit Big
- Measured in Freedom
- In plain terms
Going the legal route, the worst outcome is that you do not get the money back. On the other hand, resorting to revenge achieves the same result — no money recovered — and if you kill someone, the heaviest sentence is death. Consider the case in Wuxi: Xu failed to obtain his diploma and was dissatisfied with his internship pay, so he attacked people with a knife, killing 8 and injuring 17. He was sentenced to death, which was carried out. Nationwide in 2024, 654,000 workers recovered 8.65 billion yuan through complaints and arbitration for unpaid wages.
- Cost
There are no fees for filing complaints or arbitration. However, you’ll need to make one or two trips and wait several months. The real challenge is resisting the urge to take matters into your own hands during that time.
- Benefit
Official statistics back up legal remedies. In 2024, labor inspectors handled 137,000 cases, resulting in 8.65 billion yuan being returned to 654,000 workers. Additionally, 998 individuals were sentenced for the crime of refusing to pay labor remuneration. Instructions on filing labor complaints and arbitration are provided in Section 7, item 2. The consequences of revenge are outlined in Article 232 of the Criminal Law: “Whoever intentionally kills another shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.” An official example: Xu failed his exams and did not receive his diploma; he also resented his internship pay. On November 16, 2024, he returned to Wuxi Arts and Crafts Vocational College and attacked people with a knife, killing 8 and injuring 17. He was sentenced to death for intentional homicide, with political rights revoked for life; the sentence was approved by the Supreme People’s Court and carried out on January 20, 2025. His grievances concerned the school and pay, yet his victims were fellow students, and he received no compensation at all (nationwide data).
- Notes
Interns still enrolled in school generally do not qualify as having an employment relationship with their host organizations. If they fail to receive internship pay, they must seek mediation from their school or file a lawsuit in court, as labor arbitration is not an option. The same applies to individuals who perform private work for families or individuals and are then denied payment — they must also turn to the courts; see Section 7, item 22 (first determine who hired you). Detailed steps for filing labor complaints and arbitration are provided in Section 7, item 2. The limits on debt collection are outlined in Section 9, item 15 (no detaining or confining debtors). Going the legal route, the worst outcome is that you do not get the money back, because a closed case does not mean the money has arrived. Revenge gets the money back no more than that does, and killing someone can bring the death penalty at most.
Sources
- 全国人大 (1997). 刑法(第二百三十二条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 新华社 (2024). 江苏宜兴一校园发生持刀伤人事件致 8 死 17 伤. http://www.news.cn/20241117/65a18fddb453469ebe91c78eda669893/c.html(转宜兴警方通报,含伤亡人数与动机原话)
- 最高人民检察院 (2025). 无锡校园持刀伤人案罪犯徐加金被执行死刑. https://www.spp.gov.cn/spp/zdgz/202501/t20250120_680197.shtml
- 人力资源社会保障部 (2025). 2024 年度人力资源和社会保障事业发展统计公报. https://www.mohrss.gov.cn/SYrlzyhshbzb/zwgk/szrs/tjgb/202506/W020250616518526345602.pdf
- 最高人民法院 (2025). 最高人民法院工作报告(「对驾车冲撞行人的樊维秋、校园持刀行凶的徐加金等判处死刑」). https://www.gov.cn/yaowen/liebiao/202503/content_7013680.htm
8.13 No matter how angry you are, never attack people who have nothing to do with it: deliberately driving into a crowd or committing violence in public is classified as endangering public safety by dangerous means, carrying a minimum sentence of three years; if anyone dies, the sentence starts at ten years and goes up to death
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
Intentionally driving into a crowd or attacking people in public constitutes endangering public safety by dangerous means. Even if no one is injured, the offender still faces at least three years in prison. If fatalities occur, the sentence rises to ten years or more, life imprisonment, or death. In the Zhuhai case, Fan Weiqiu, dissatisfied with the divorce settlement, drove his car into a crowd exercising at a sports center, resulting in 35 deaths and 43 injuries; he was sentenced to death and executed.
- Cost
There is no monetary cost involved. The real challenge is suppressing such impulses when you’re enraged.
- Benefit
Article 114 of the Criminal Law states: “Whoever commits arson, breaches a dike, causes an explosion, releases toxic, radioactive, or infectious agents, or endangers public safety by any other dangerous means, without causing serious consequences, shall be sentenced to three to ten years in prison.” Thus, even when no injuries occur, the minimum penalty is three years. Article 115 adds that if serious injury, death, or major property damage results, the sentence becomes ten years or more, life imprisonment, or death. Official case example: Fan Weiqiu, disillusioned by his failed marriage and unhappy with the divorce terms, resolved to vent his anger by driving into a crowd. On the evening of November 11, 2024, he crashed his vehicle into exercisers at Zhuhai Sports Center, killing 35 and injuring 43. He was convicted under the aforementioned article and sentenced to death, with political rights revoked; the sentence was carried out on January 20, 2025 after Supreme Court approval. What he was unhappy about was the outcome of the divorce property division, yet the people he hit were runners he did not know (nationwide).
- Notes
Expressing thoughts like “I don’t want to live anyway” does not serve as a mitigating factor in sentencing. The Supreme People’s Court’s 2025 work report emphasizes “resolutely punishing with severity, speed, and strictness those who outrageously violate legal and moral boundaries.” Merely threatening to commit acts such as arson, explosions, or poisoning that endanger public safety and disrupt order can lead to detention from five to ten days and a fine of up to 1000 yuan under the Public Security Administration Punishment Law (effective January 1, 2026). Similarly, writing threatening letters or otherwise threatening another’s safety is illegal, punishable by detention of up to 5 days or a fine of up to 1,000 yuan. If your thoughts have reached this point, see item 14 (treat a thought like “taking someone down with me” as an emergency).
Sources
- 全国人大 (1997). 刑法(第一百一十四、一百一十五条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 新华社 (2024). 广东珠海驾车撞人事件造成 35 人死亡 43 人受伤. http://www.news.cn/20241112/29c6af4f6ee4455b92832f3c2b13a93a/c.html(转珠海市公安局通报)
- 最高人民检察院 (2024). 樊维秋以危险方法危害公共安全案一审宣判,判处死刑,剥夺政治权利终身. https://www.spp.gov.cn/spp/zdgz/202412/t20241227_677757.shtml
- 最高人民检察院 (2025). 珠海驾车撞人案罪犯樊维秋被执行死刑. https://www.spp.gov.cn/spp/zdgz/202501/t20250120_680196.shtml
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第二十九、五十条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
8.14 Thoughts such as “take someone down with me” or “we all die together” must be treated as a medical emergency: leave the scene, hand over car keys and knives to someone else, and call 12356
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
The window between the first appearance of such thoughts and any attempt to act on them is very short. Among 82 people who survived a suicide attempt, 47.6% reported that no more than 10 minutes passed from the first thought to taking action. Therefore, the goal is not to “figure things out” intellectually, but to create physical distance between oneself and potential lethal tools — steering wheel, knife, gas valve, rope — and simply endure those ten minutes. After that, call 12356.
- Cost
There is no monetary cost. The difficulty lies in admitting that something is wrong at the moment and in handing over control of dangerous items to another person.
- Benefit
The window from this kind of thought to action is short. Researchers interviewed 82 people who had attempted suicide, within three days of admission. Of them, 47.6% said the time from the first thought to carrying it out was no more than 10 minutes. A systematic review spanning ten years shows growing evidence that restricting access to lethal means reduces suicide rates. For instance, after tighter controls on painkillers, suicide rates linked to them dropped by 43%. After barriers were added at jumping hotspots, rates fell by 86% (ranging from 79% to 91%). Creating that ten-minute buffer by removing lethal objects is precisely what this advice aims to achieve. 12356 is the national mental health helpline, operating at least 18 hours per day nationwide as of May 1, 2025.
- Notes
This grade is assigned because both pieces of evidence derive from suicide-research literature and have not been directly tested in contexts involving impulses to harm others. The Deisenhammer study involved only 82 participants at a single hospital. When feeling unwell, avoid driving or taking shifts where you bear responsibility for others’ safety; hand over duties first. For those having thoughts of self-harm, see Section 1, item 25 (call 12356 when suicidal). For coping strategies during low mood, see Section 3, item 18.
Sources
- Deisenhammer EA 等 (2009). The duration of the suicidal process: how much time is left for intervention between consideration and accomplishment of a suicide attempt? Journal of Clinical Psychiatry. https://doi.org/10.4088/JCP.07m03904
- Zalsman G 等 (2016). Suicide prevention strategies revisited: 10-year systematic review. Lancet Psychiatry. https://doi.org/10.1016/S2215-0366(16)30030-X
- 国家卫生健康委 (2024). 关于应用「12356」全国统一心理援助热线电话号码的通知(国卫医政函〔2024〕259 号). https://www.gov.cn/zhengce/zhengceku/202412/content_6994470.htm
8.15 If someone close to you says “nobody gets to be okay” or “I’ll take the kids with me when I go”, do not treat it as angry talk: close relatives can take the person straight to a hospital, and police must act when it is reported
- Money Low
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
When a family member says things like “nobody gets to be okay” or “I’ll take the kids with me when I go,” close relatives can take that person to a hospital, and the hospital may not refuse to diagnose him. If he is diagnosed with a serious mental disorder and has already turned violent or is about to, hospitalization does not require his consent. If it’s unclear whether these statements are just angry outbursts or genuine threats, call 12356 for advice or dial 110 so police can intervene. Keeping this information secret does not help the person at all.
- Cost
Registration and consultation fees range from a few dozen to several hundred yuan. Accompanying the person to the hospital takes half a day to a full day. The real challenge is getting them to agree to go.
- Benefit
Article 28, paragraph 2 of the Mental Health Law states: “When a suspected mental disorder patient acts in a way that harms themselves or endangers others’ safety, or is at risk of doing so, their close relatives, employer, or local police must act immediately to stop such behavior and arrange transport to a medical facility for diagnosis.” The same article also requires hospitals to accept and diagnose any such patients without refusal. Article 29 requires hospitals to keep these individuals at the hospital, immediately assign a licensed psychiatrist for evaluation, and issue a diagnosis promptly. Article 30 says voluntary admission is the norm, with one exception: the diagnosis shows a severe mental disorder and the person “has already acted in a way that endangers others’ safety, or poses a danger to others’ safety.” Such a person shall be given inpatient treatment, and the person’s consent is not required. Making threats of violence is grounds for calling 110. Writing threatening letters or using other means to threaten someone’s safety can result in detention for up to five days or a fine of up to 1000 yuan. Those who threaten arson, explosions or the release of dangerous substances and thereby disrupt public order face detention of 5 to 10 days and may also be fined up to 1,000 yuan (nationwide; Public Security Administration Punishment Law, in effect since January 1, 2026).
- Notes
Counted by who benefits, this item covers spouses, parents and children living in the same household. The “nobody” in “nobody gets to be okay” usually includes you, and the law grants this right specifically to close relatives — outsiders cannot intervene without police involvement. This rule targets genuine danger signs, not angry remarks during arguments, and it may not be used to shut a disobedient family member in a hospital. Conversely, Article 35 states that if further evaluation proves the person does not have a serious mental disorder, they must be released from the hospital. When in doubt, call 12356 or 110. If you cannot tell whether someone is thinking of suicide, you can simply ask: asking does not make them more likely to act (Section 1, item 43: asking people close to you who seem off). The investigation into Germanwings Flight 9525 revealed that authorities and employers could not prevent the co-pilot from flying that day because “neither he nor anyone else — doctors, colleagues, or family — informed them.” All 150 people on board perished: two pilots, four flight attendants, and 144 passengers.
Sources
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第二十九、五十条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- 全国人大常委会 (2012,2018 修正). 精神卫生法(第二十八、二十九、三十、三十五条). https://www.gov.cn/guoqing/2021-10/29/content_5647635.htm
- 法国航空事故调查局 BEA (2016). Final Report BEA2015-0125.en: Accident on 24 March 2015 at Prads-Haute-Bléone to the Airbus A320-211 registered D-AIPX operated by Germanwings. https://bea.aero/uploads/tx_elydbrapports/BEA2015-0125.en-LR.pdf
8.16 Don’t curse, spread rumors, or share unverified content online; if you’re a victim of online abuse, document evidence first then report it to police
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
Publicly cursing, spreading rumors or defaming others can result in detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. If the circumstances are serious, it constitutes the crimes of insult or defamation, punishable by up to 3 years in prison. Conversely, if you’re a victim of online abuse, you generally have to file a lawsuit in court yourself to pursue legal action for insult or defamation, so you must rely on yourself to take screenshots, record video and save links.
- Cost
No cost at all. Just take ten extra seconds to think before posting. When attacked, take screenshots, record video, save links and account IDs, file a complaint with the platform first, then report it to police. The hardest part is resisting the urge to fire back when being cursed at.
- Benefit
Those who openly insult others or fabricate facts to defame them face detention for up to 5 days or a fine of up to 1000 yuan; for more serious cases, detention ranges from 5 to 10 days. The same penalties apply to people who repeatedly send insulting or threatening messages, harass or stalk others, or secretly photograph and distribute someone’s private information. Anyone who deliberately spreads rumors and disrupts public order also faces detention from 5 to 10 days. In severe cases, such actions constitute the crimes of insult or defamation, punishable by up to 3 years in prison. For online defamation cases where victims struggle to gather evidence, they can request the court to ask police for assistance (nationwide; Public Security Administration Punishment Law, in effect since January 1, 2026).
- Notes
In principle, the crimes of insult and defamation are “only prosecuted upon complaint”, meaning victims must file a lawsuit in court themselves. Police generally do not initiate investigations proactively, so evidence collection falls entirely on the victims. However, two important exceptions exist. First, cases that “seriously endanger public order and national interests” can be investigated by police directly (Article 246, Paragraph 2 of the Criminal Law). Second, if a victim has genuine difficulty gathering evidence for online defamation, the court may order police to assist with the investigation (the same article, Paragraph 3, added under the 9th Amendment to the Criminal Law). Forwarding still makes you liable. The 2013 interpretation on online defamation by the Supreme People’s Court and the Supreme People’s Procuratorate says that knowingly posting online a matter that is fabricated and harms another person’s reputation, where the circumstances are bad, is treated as “fabricating facts to defame another”. For what to do after you are cyberbullied yourself, see item 37 of this section (when cyberbullied, secure evidence first, then choose a route). The article numbers for insult and defamation have been updated from Article 42 under the old law to Article 50 under the new law.
Sources
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第二十九、五十条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- 全国人大 (1997). 刑法(第二百四十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 全国人大常委会 (2015). 刑法修正案(九)(第十六条,增加刑法第二百四十六条第三款). https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml
- 全国人大常委会 (2015). 刑法修正案(九)(第二百四十六条新增第三款). 国家信访局转载全文 https://www.gjxfj.gov.cn/gjxfj/fgwj/flfg/webinfo/2017/03/1601761496614423.htm
- 最高人民法院、最高人民检察院 (2013). 关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释(法释〔2013〕21 号,第一条). https://www.spp.gov.cn/spp/zdgz/201309/t20130910_62417.shtml
8.17 Read the document thoroughly before signing; never sign on behalf of others or on blank paper
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Once signed, a document becomes legally binding — fingerprints carry the same weight as signatures. Claims like “I didn’t read it” or “I thought it was something else” rarely hold up in court. Therefore, take the time to read everything, clarify any doubts immediately, and keep a photo. Never sign for someone else or on blank paper, and always specify the purpose when copying ID cards.
- Cost
There is no cost involved. Simply spend a few extra minutes reading contracts, IOUs, guarantee letters, and employment documents from start to finish. Ask questions on the spot if anything is unclear, and take photos for your records. The real challenge is reading everything carefully while the other party is watching.
- Benefit
Legally executed contracts are protected by law and bind both parties. Once signed, obligations must be fulfilled as agreed. Article 490 of the Civil Code states that a contract made in a written document is formed when the parties “sign, affix seals, or press fingerprints.” Fingerprints are treated equally with signatures and seals, so a contract remains valid even with just a fingerprint. Claims like “I didn’t read it” or “I thought it was something else” rarely hold up in court. Avoiding such signatures prevents you from inheriting debts or liabilities that aren’t yours (nationwide).
- Notes
“Never sign for others, never sign on blank paper, and always note the purpose on ID copies” are rules of thumb, and no official documents explicitly mandate them. Their shared goal is to prevent your signature from being used in legally binding contracts you never intended to agree to. Courts generally also treat an electronic signature or a face-scan confirmation as signed by you. If acquaintances ask you to assist with loan applications via facial recognition or signatures, refer to item 45 (helping someone with a face scan).
Sources
全国人大 (2020). 民法典(第四百六十五、四百九十、五百零九条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
8.18 Write a clear IOU when lending money; before guaranteeing for someone, first decide whether you are willing to repay for him
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
The loan agreement must include all key details: who the lender and borrower are, the amount, interest rate, term, and repayment method, plus both signatures. Always use bank transfers instead of cash — this makes it much easier to pursue legal action if needed. Before agreeing to be a guarantor, check whether the contract mentions “joint and several liability.” Under a standard guarantee, creditors must first sue the borrower and exhaust all collection efforts before they can demand repayment from you. But if you sign a joint and several liability guarantee, creditors can demand payment from you directly.
- Cost
No cost at all. Simply write down the lender, borrower, amount, interest rate, term, and repayment method on a piece of paper, then have both parties sign it. Transfer the money via bank transfer to leave a clear record — never hand over cash.
- Benefit
Loan contracts must be in writing, with standard clauses covering the type of loan, currency, intended use, amount, interest rate, term, and repayment method. A complete note makes it easier to sue. If a guarantee contract does not explicitly state the type of guarantee or leaves details ambiguous, it is treated as a standard guarantee. Under such terms, the creditor must first sue or go to arbitration, then apply for enforcement against the borrower’s assets. Only if the debt still cannot be repaid after enforcement does it become your turn. However, if you agree to a joint and several liability guarantee, you lose this protection — creditors can demand payment from you immediately. (Nationwide)
- Notes
Any interest charged above four times the LPR is not legally enforceable by courts; see Section 7 for details. It is common practice to include both parties’ ID numbers and the phrase “loan agreement” on the document. The presence or absence of “joint and several liability” in the guarantee contract determines whether you are secondary to the borrower in repayment obligations or treated on equal footing with them — read the contract carefully before signing. In some cases, a party may be asked to act as a guarantor but ends up signing a loan contract instead; see item 45 for such scenarios, where the individual is legally classified as the borrower rather than a guarantor.
Sources
全国人大 (2020). 民法典(第六百六十八、六百八十一、六百八十六、六百八十七条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
8.19 Time limits for legal action: 3 years for civil lawsuits, 1 year for labor arbitration; once the deadline passes, a simple “statute of limitations exceeded” claim can block your case
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
The statute of limitations for civil lawsuits is three years, counted from the day you become aware your rights were violated. Once that period ends, the court won’t act on its own; however, if the debtor simply argues “the deadline has passed,” the money is still owed but you can no longer get it back. Before the three years run out, a single documented demand for payment can restart the three-year clock from the beginning. Labor disputes follow a different rule: the arbitration deadline is just one year.
- Cost
Zero cost. Don’t just hope for payment in silence — use WeChat, text messages, email, or certified mail to create a paper trail.
- Benefit
The Civil Code states that “the limitation period for filing a civil lawsuit is three years, calculated from the date the right-holder knows or should know that his rights were infringed and who the obligor is.” This period may not exceed twenty years from the actual infringement. When it expires, the debtor may invoke a defense of non-performance. Courts do not look into the limitation period on their own, but once the debtor raises it in court it takes effect, and the money is still owed but can no longer be recovered. Four events can interrupt the clock, each resetting the three-year period: (1) you demand performance; (2) the debtor promises to perform; (3) you file a lawsuit or apply for arbitration; (4) any other circumstance with the same effect. The interruption must happen before the three years run out; a demand made after expiry does not restart the clock. For installment agreements, the countdown starts on the final due date. Certain claims are exempt from any limitation period: requests to stop infringement, remove obstacles, eliminate hazards; recovery of real property or registered movable assets; child support, support for elderly parents, and support between spouses or other family members; plus other cases specified by law. Labor arbitration follows a one-year rule, also measured from the date the worker knows or should know of the violation; however, if a dispute over unpaid wages arises while the employment relationship still exists, the worker’s application for arbitration is not subject to the one-year limit while the employment relationship continues; but if the employment relationship has ended, it must be filed within one year from the day it ended (nationwide).
- Notes
This is probably the cheapest tip in the entire book. Before the three years run out, a single traceable demand message can restart the three-year window; without it, you risk forfeiting your right to win the case. Agreements such as “we won’t invoke the statute of limitations” or agreements to lengthen or shorten the three years carry no legal weight. Conversely, if the debtor promises payment after the deadline has passed, they can no longer rely on that defense. Once payment has been voluntarily made, it cannot be reclaimed. For promissory notes and guarantees, see item 18; matters involving enforcement are covered in item 20. Overtime pay and unused vacation compensation follow the labor-arbitration rules; see Section 19, items 1 and 2. How the limit for double wages when no contract was signed is counted differs from place to place; see Section 19, item 20 (double wages).
Sources
- 全国人大 (2020). 民法典(第一百八十八、一百八十九、一百九十二、一百九十三、一百九十五、一百九十六、一百九十七条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 全国人大常委会 (2007). 劳动争议调解仲裁法(第二十七条). https://rsj.ankang.gov.cn/Content-2150407.html(安康市人力资源和社会保障局转载)
8.20 If you’re being sued or have a court order against you, report all your assets truthfully and repay as much as you can — don’t transfer your house or money to relatives, friends, or companies
- Money No cost
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
Giving your house to a company for free or transferring it to one in a sham deal, or moving money to relatives or friends, so that the judgment cannot be enforced, is the crime of refusing to enforce a judgment. It carries up to three years; in especially serious cases, three to seven years. Relatives and friends who knowingly help hide money or transfer title are treated as accomplices, and the money is still recovered. An individual who refuses to report assets or reports them falsely can be fined up to 100,000 yuan and detained for up to 15 days.
- Cost
There is no cost involved. Simply report your assets as required by the court: list everything you currently own and everything you had in the year before the day you received the enforcement notice. Pay off whatever debts you can. If you can’t pay in full, negotiate a settlement or installment plan with the creditor.
- Benefit
Transferring assets is itself one of the situations that make this a crime. The Standing Committee of the National People’s Congress has issued an interpretation of Article 313 of the Criminal Law, explicitly stating that “hiding, transferring, deliberately destroying, or transferring assets for free or at an unreasonably low price, thereby preventing the execution of a judgment or order” qualifies as “having the ability to execute but refusing to do so under serious circumstances.” In other words, hiding money, transferring it away, deliberately destroying one’s own property, giving it away for free, or selling it at a steep discount all count when they leave the judgment impossible to enforce. In 2024, the Supreme People’s Court and the Supreme People’s Procuratorate added ten more scenarios to this definition, including using fake settlements or transfers to dispose of assets, as well as buying someone else’s property at an unreasonably high price, and guaranteeing someone else’s debts. All these actions are deliberate attempts to strip oneself of assets available for debt repayment. The maximum sentence for this crime remains three years; in especially serious cases, it rises to three to seven years plus a fine. Especially serious circumstances means these situations using fake lawsuits, arbitration, or notarization to obstruct enforcement, gathering crowds to storm enforcement sites, attacking or detaining enforcement officers, or causing a creditor to commit suicide or self-harm due to non-payment. Even outsiders who aren’t parties to the case are treated as accomplices if they knowingly collude with the person and help hide or transfer assets. Illegally transferred assets must be recovered or returned. Transfers made after receiving a summons but before a judgment takes effect also count. On the civil side, creditors may petition the court to annul any transfers made for free or at unreasonably low prices. For refusing to report assets or reporting them falsely, the court may fine an individual up to 100,000 yuan. It may also detain for up to 15 days (nationwide; the interpretation of the two supreme bodies applies from December 2024).
- Notes
The commonly shared advice online — such as “put your house in a company’s name to use as employee housing” or “transfer all your money to relatives” — isn’t a loophole; it’s precisely the kind of conduct singled out in judicial interpretations. Relatives, friends, or companies aiding such actions are treated as accomplices, and any assets involved must be recovered. Conversely, if you truly have no money, this crime does not apply. To determine whether you “have the ability to repay but refuse to do so,” necessary living expenses for you and your dependents must first be deducted. If you repay part or all of the debt before prosecution and your circumstances are relatively minor, prosecution may be waived. Repaying the debt prior to a first-instance judgment may also lead to a lighter sentence or even exemption from punishment. For guidance on what to do after being placed on a blacklist or having spending restrictions imposed, see item 21; instructions on how to regain good standing after fulfilling obligations are provided in Section 7, item 19.
Sources
- 全国人大常委会 (2002). 关于《中华人民共和国刑法》第三百一十三条的解释. https://www.gov.cn/gongbao/content/2002/content_61738.htm
- 最高人民法院、最高人民检察院 (2024). 关于办理拒不执行判决、裁定刑事案件适用法律若干问题的解释(法释〔2024〕13 号,第三、四、五、六、八、十一、十二条). 最高法发布页,全文核对自广东省广州监狱转载. https://www.court.gov.cn/fabu/xiangqing/447931.html、http://gzjy.gd.gov.cn/zxxx/content/post_4608108.html
- 全国人大常委会 (2015). 刑法修正案(九)(第三十九条,修改刑法第三百一十三条). https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml
- 全国人大 (2020). 民法典(第五百三十八、五百三十九、五百四十条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 全国人大常委会 (2023 修正). 民事诉讼法(第一百一十四、一百一十八、二百五十二条). 贵州省市场监管局转载:https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html
8.21 If you’re subject to spending restrictions or listed on the dishonesty registry, first find out which rule you were listed under, and apply for correction where it can be corrected
- Money No cost
- Time Hours
- Willpower Some
- Benefit Medium
- Measured in Money
- In plain terms
First, determine whether you’re only subject to spending restrictions or also listed on the dishonesty registry — these are two separate situations. Only six specific circumstances allow inclusion on the dishonesty registry, and the listing period is two years. Anyone who has fully performed must be removed within three working days. Spending restrictions apply to nine categories of non-essential purchases, including travel on G-series high-speed trains. Any spending essential for daily life or business operations can be approved individually upon application.
- Cost
No cost involved. You simply need to contact the enforcement court to determine which provision applies to you. Gather proof that you’ve paid all debts or fulfilled all court-ordered obligations, or prepare any required guarantee documents. Any spending deemed essential for daily life or business operations must be approved on a case-by-case basis. The main difficulty is that you’ll need to make multiple trips to the court and submit repeated applications.
- Benefit
There are exactly six circumstances under which a person can be added to the dishonesty registry. First, if they have the ability to fulfill obligations but refuse to do so. Second, if they obstruct or resist enforcement efforts through forged evidence, violence, or threats. Third, if they use false litigation, arbitration, or concealment of assets to evade enforcement. Fourth, if they violate property reporting requirements. Fifth, if they breach spending restriction orders. Sixth, if they refuse to honor enforcement settlement agreements without valid reason. If sufficient guarantees are provided or if seized assets are enough to cover debts, the court cannot add someone under the first category. Minors cannot be listed at all. The standard listing period is two years, though it can be extended by one to three years for serious cases of obstruction or multiple violations. In seven specific cases, including full fulfillment of obligations or termination of enforcement proceedings, the court must remove the listing within three working days; proactive compliance can also lead to earlier removal. Individuals under spending restrictions may not engage in nine categories of high spending, nor in spending not necessary for life and work. First, flying, soft sleepers on trains, and second class or above on ships. Second, high spending at star-rated hotels, inns, nightclubs and golf courses. Third, buying real estate, or building, extending or luxury-renovating a home. Fourth, renting high-end office buildings, hotels or apartments as offices. Fifth, buying vehicles not necessary for business. Sixth, travel and vacations. Seventh, children attending high-fee private schools. Eighth, paying high premiums for insurance wealth-management products. Ninth, any seat on G-series high-speed trains, or first class or above on other bullet trains. If one of these is necessary for life or business, you must apply to the court and can do it only once approved. If you provide a truly valid guarantee, or the creditor agrees, the court may lift the restrictions (nationwide).
- Notes
Spending restrictions are also known as limits on non-essential consumption. This regulation was introduced in 2010 and amended in 2015 via Judicial Interpretation No. 17, with its title changed to “... and Related Consumption” (《……及有关消费的若干规定》). This description follows the current post-amendment text. Three key changes were made in 2015: first, it added the ninth category, so all seats on G-series high-speed trains count; second, the clause requiring spending to be paid from personal assets was removed; third, when a business entity faces restrictions, its actual controllers also become subject to them, though personal spending unrelated to business operations can be separately approved. Being listed on the dishonesty registry and being subject to spending restrictions are distinct statuses — it’s possible to be subject to only one. For how to start again after removal from the list, see Section 7, item 19. Current regulations do not specify whether spouses or children can be restricted from spending their own earnings, so consult the enforcement court if this situation arises.
Sources
- 最高人民法院 (2017 修正). 关于公布失信被执行人名单信息的若干规定(第一、二、三、四、十条). https://www.court.gov.cn/fabu/xiangqing/37182.html
- 最高人民法院 (2015 修正). 关于限制被执行人高消费及有关消费的若干规定(法释〔2015〕17 号,第三、八、九条):「(九)乘坐G字头动车组列车全部座位、其他动车组列车一等以上座位等其他非生活和工作必需的消费行为」. https://www.court.gov.cn/fabu/xiangqing/15046.html
8.22 If scammed while shopping online or via second-hand markets, first file a complaint with the platform, then report it to police, and finally decide whether to sue
- Money Low
- Time Hours
- Willpower Some
- Benefit Medium
- Measured in Money
- In plain terms
Start by contacting the platform. Platforms hold security deposits and have penalty rules, so they act fastest. Next, call the police: a loss of 3,000 to 10,000 yuan or more is enough for the crime of fraud (the standard differs by province); anything below that is dealt with under public-order penalties. If you decide to sue, online-purchase disputes can be filed in the court where you receive the goods. For smaller amounts, the small-claims procedure applies, with the case tried to a conclusion within 2 months, and you can file online.
- Cost
Filing a complaint with the platform and reporting the case to police cost nothing. For lawsuits, if the amount in dispute is within 10,000 yuan, the filing fee is 50 yuan; this fee is halved if the case goes through summary proceedings, mediation, or is withdrawn. Each of the stages — case filing, trial, and enforcement — takes at least half a day to a full day, though online filing can save you the hassle of traveling. You must keep records of orders, chat logs, transfer receipts, and shipping documents. The real challenge is staying committed despite all the back-and-forth.
- Benefit
Defrauding 3,000 to 10,000 yuan or more counts as “a relatively large amount” for the crime of fraud, and each province sets its local standard within that range. This tier carries up to 3 years, with a fine in addition or a fine alone. Below the criminal standard, public-order penalties apply: detention of 5 to 10 days, or a fine of up to 2,000 yuan. In more serious circumstances, detention of 10 to 15 days and a fine of up to 3,000 yuan may also be imposed. On the civil side, an online-purchase contract dispute can be sued in the court where you receive the goods, and you do not have to go to the seller’s location. The small-claims procedure applies when the amount in dispute is 50% or less of the previous year’s average annual wage of employed persons in the province. Small-claims cases are final at first instance (the judgment takes effect once given and cannot be appealed). They are concluded within 2 months of filing; the summary procedure takes 3 months. Civil litigation can be conducted online, with the same effect as offline (nationwide; Civil Procedure Law from January 2024, Public Security Administration Punishment Law from January 2026)
- Notes
To gauge whether a lawsuit is worthwhile, multiply your net hourly wage by the total time you’ll need to invest — accounting for filing, trial, and possible enforcement phases, each taking half a day to a full day — then add the court filing fee. Compare this total cost against the amount you hope to recover, and apply a further discount to estimate the likelihood of actually obtaining payment. Whether to sue is for you to decide by this calculation. Keep in mind that after the 2025 revision of the Public Security Administration Punishment Law, article numbers changed; fraud now falls under Article 58 instead of the former Article 49. Likewise, the small-claims provision is now Article 165 following the 2023 amendment to the Civil Procedure Law; be sure to consult updated sources. Finally, experience shows that filing a complaint with the platform first yields the quickest resolution, thanks to its security deposits and penalty rules. The interpretation 法释〔2011〕7 号 carries no document number on the page of the procuratorate’s website; the number still has to be checked against the Supreme People’s Court’s original page.
Sources
- 最高人民法院、最高人民检察院 (2011). 关于办理诈骗刑事案件具体应用法律若干问题的解释(法释〔2011〕7 号,第一条). https://www.spp.gov.cn/spp/sfjs/201802/t20180201_363736.shtml
- 全国人大 (1997). 刑法(第二百六十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第五十八条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- 全国人大常委会 (2023 修正). 民事诉讼法(第十六、一百六十四、一百六十五、一百六十八条). https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html(上海市发展改革委转载)
- 最高人民法院 (2022 修正). 关于适用《民事诉讼法》的解释(第二十条). https://www.court.gov.cn/zixun/xiangqing/353651.html
- 国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第十三、十五、十六条). https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6929.htm
8.23 Think it through before you hand over a large gift in a relationship or marriage; after you hand it over, you generally cannot get it back
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Once the money is transferred, you generally cannot get it back. A gift can be freely revoked only before it passes into the recipient’s name. After that, revocation is only possible under three specific circumstances: the recipient seriously harms you or your close relatives; fails to fulfill their legal obligation to support you; or breaches any agreed terms of the gift contract. Therefore, decide early whether the payment is a loan or a gift.
- Cost
No cost involved. Before sending a large sum of money, ask yourself: is it a loan or a gift? If it’s a loan, draft a written agreement and mark the transfer as “loan”. The hard part is actually bringing this up in conversation.
- Benefit
Before property rights are transferred, a gift can be withdrawn. This legal threshold is known as the “transfer of property rights”. Once the transfer is complete, only the three aforementioned situations allow for revocation. Small gifts or cash given on special occasions such as birthdays or holidays, as well as everyday expenses meant to strengthen emotional bonds, do not qualify as betrothal gifts and thus are not required to be returned upon a breakup (nationwide rule).
- Notes
While it is commonly believed in legal practice that amounts such as “520” or “1314” indicate a gift, no official ruling from the Supreme People’s Court has been found in this section to confirm this as a definitive rule. A gift that has been notarized cannot simply be taken back when you change your mind. Ultimately, whether a transfer constitutes a loan or a gift depends on supporting evidence; a simple statement like “I’m lending you this money” in a chat record carries far more weight than any later disputes.
Sources
- 全国人大 (2020). 民法典(第六百五十八、六百六十三条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 最高人民法院 (2024). 关于审理涉彩礼纠纷案件适用法律若干问题的规定(法释〔2024〕1 号,第三条). https://www.court.gov.cn/fabu/xiangqing/423442.html
8.24 Send betrothal money by transfer and note what it is for, and keep the chat record. Money demanded by means of marriage can be asked back
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
Demanding property by means of marriage is prohibited, and the court supports giving it back. If you never registered, if you registered but genuinely never lived together, or if betrothal money given before marriage left the paying side in hardship, you can demand it back. If you registered and did live together, it is generally not returned. So betrothal money, the three pieces of gold jewelry, and the payment for changing the form of address all go by transfer with the purpose noted. Whoever paid keeps the evidence. The same rule applies to men and to women.
- Cost
No money. Betrothal money, the three pieces of gold jewelry, and the payment for changing how you address the partner's parents all go by transfer, with the purpose written in the note. For anything agreed by mouth, keep a chat record, or have family there to confirm it.
- Benefit
The law prohibits demanding property by means of marriage. If one side demands property in the name of betrothal money, and the other side asks for it back, the court supports that. There are three situations in which return can be demanded: the marriage was never registered; it was registered but the two genuinely never lived together; betrothal money was given before marriage and the side that paid it was left in hardship. If the marriage was registered and the two lived together, it is generally not returned. But if the time living together was short and the betrothal sum was too high, the court sets the share to be returned according to how the money was actually spent, whether there was a dowry, whether there was a pregnancy or a birth, and whether either side was at fault. If they never registered but already lived together, it is handled by the same shares (nationwide, from February 2024).
- Notes
Whether betrothal money counts as "too high" depends on the per-capita disposable income where the paying side lives, and on that family's circumstances. There is no single national figure. How much should be returned is set by the judge case by case. The rules are the same for the side that paid and the side that received. Whoever paid keeps the evidence. Holding a banquet without registering the marriage does not make you spouses in law. See item 21 of section 10 (go and register even after the banquet).
Sources
- 全国人大 (2020). 民法典(第一千零四十二条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 最高人民法院 (2024). 关于审理涉彩礼纠纷案件适用法律若干问题的规定(法释〔2024〕1 号,第二、五、六条). https://www.court.gov.cn/fabu/xiangqing/423442.html
- 最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释(一)(法释〔2020〕22 号,第五条). https://www.court.gov.cn/fabu/xiangqing/282071.html
8.25 Premarital property is nothing to fear: first put in writing any name added to the house and any money from parents
- Money Low
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Premarital assets remain your personal property and won’t automatically become joint marital property just because you’ve been married for many years. Couples can put in writing that premarital and postmarital assets belong to each person individually. One important caveat: if you agree to add your spouse’s name to a property title, you can still revoke that agreement before completing the official registration; once registration is finalized, the property becomes their legal property. In divorce proceedings, any party that hides, transfers or squanders money, or forges debts, may receive a smaller share or no share at all.
- Cost
Drafting a written property agreement yourself costs nothing; notarization incurs additional fees. When parents contribute funds, ask them to provide a brief written statement. The whole process takes just a few hours. The hardest part is bringing up money matters with family members.
- Benefit
Premarital assets are legally classified as personal property and do not automatically become joint marital property over time. Couples can agree in writing whether premarital assets and postmarital earnings belong to each person individually, to both jointly, or to a mix of both — such agreements are legally binding for both parties. When parents fund the purchase of a home before marriage, the money is treated as a gift to their own child unless they explicitly state it is intended for both spouses. For parental contributions made after marriage, handling follows any agreement; if none exists, standard rules for joint marital property apply. If a couple agrees before or during marriage to transfer ownership of one spouse’s property to the other or to make it jointly owned, the gifting spouse can revoke that agreement prior to completing official registration; once registration is finalized, the property becomes the other spouse’s legal property. In divorce, any party that conceals, transfers, sells off or squanders shared marital assets, or that forges debts, may receive a smaller share or no share at all (applies nationwide).
- Notes
Property agreements are equally valid for both men and women. To use such an agreement to protect yourself from your spouse’s debts owed to third parties, the creditor must know about this agreement; if the creditor does not know, the agreement does not bind the creditor. An unnotarized property agreement remains legally valid; notarization simply helps avoid future disputes over signatures and dates. For guidance on how to clearly document whether parental contributions toward a home purchase are loans or gifts, refer to Section 10, item 11 (Parental contributions toward home purchases).
Sources
- 全国人大 (2020). 民法典(第一千零六十三、一千零六十五、一千零九十二条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释(一)(法释〔2020〕22 号,第二十九、三十一、三十二条). https://www.court.gov.cn/fabu/xiangqing/282071.html
8.26 Check a person’s marital status before getting married; those who use marriage as a pretext to defraud money can be prosecuted for fraud
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
Marriages involving bigamy are invalid. Anyone who already has a spouse yet marries again, or who knowingly marries someone who already has a spouse, faces up to 2 years in prison. Those who use marriage as a ruse to get money can be prosecuted for fraud; for an exceptionally large amount, the sentence is 10 years or more, or life imprisonment. Always verify the marital status on the ID card and household register before tying the knot.
- Cost
No cost at all. Before registration, simply check the marital status listed on the other person’s ID card and household register. For any large sums of money exchanged, keep records of transfers and chat logs.
- Benefit
Bigamous marriages hold no legal weight. Persons who enter a second marriage while already married, or who knowingly wed someone already married, may be sentenced to 2 years or less. Those convicted of defrauding others of sizable sums face up to 3 years plus a fine; those guilty of massive fraud receive 3 to 10 years; those responsible for truly enormous fraud get 10 years or more, or life imprisonment, plus a fine or seizure of assets (nationwide).
- Notes
“Marriage fraud” itself isn’t a specific criminal category. Prosecution for fraud hinges on proof that the perpetrator intended to keep the money from the outset, fabricated lies to obtain it, and that police have launched an investigation. What counts as a “relatively large” sum is defined by judicial rulings, which may vary regionally; this section doesn’t confirm exact thresholds. Victims of such fraud can be either gender, and documented cases involve both dowries and bridal gifts being stolen.
Sources
- 全国人大 (2020). 民法典(第一千零五十一条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 全国人大 (1997). 刑法(第二百五十八、二百六十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
8.27 For repairs at your home, vehicle inspections, and renovations: always ask for a quote first and stay on site throughout the process
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Medium
- Measured in Money
- In plain terms
Appliance repair services must clearly display their pricing, provide customers with a receipt and invoice, and must not falsely claim that a problem exists or deliberately replace parts that are still in good working condition. In serious cases, fines of up to 30,000 yuan can be imposed. All service providers must post their prices openly and cannot charge any amount beyond those listed. Therefore, always ask for a detailed quote and a list of parts to be replaced before work starts; after completion, request a receipt and invoice, and keep the old parts. If you are overcharged, contact 12315 immediately.
- Cost
There is no cost. Before any work begins, ask for a detailed price list and a list of parts to be replaced; take photos of the quote or request it in writing. After the work is done, make sure to obtain a repair receipt and an invoice, and keep the old parts. You must also stand by and watch for an hour or two. The main challenge is staying present and attentive the entire time.
- Benefit
Appliance repair businesses must clearly list the charges for their services and parts, quality standards, warranty periods, and customer complaint hotlines. They must provide customers with a written receipt and invoice detailing exactly what work was done. They are prohibited from inventing or exaggerating repair needs, falsely reporting faulty parts, or deliberately replacing functional components. Serious violations result in fines up to 30,000 yuan. All operators must display prices openly, cannot add any extra charges, and cannot demand payment for services not listed. Offering a low initial price and then charging more, or advertising false discounts, constitutes price fraud. Service pricing, scope, and calculation methods must be displayed prominently, and no misleading or false advertising is permitted nationwide.
- Notes
If you are overcharged, contact 12315; penalties are enforced by commerce and market regulation authorities, so you do not need to pursue legal action yourself. This item is rated B because although the regulations are official, there are no specific figures indicating exactly how much money you can save by staying on site — the benefit is largely based on general experience. Asking for a quote, keeping receipts and old parts applies to everyone, regardless of appearance. The appliance measure covers appliance repair only; for vehicle inspections and renovations, refer to the price-marking rules and the implementing regulations. The broader Consumer Rights Protection Law also guarantees these rights: Article 8 states you have the right to know the service details, specifications, and costs, while Article 10 guarantees your right to refuse any mandatory transaction.
Sources
- 商务部 (2012). 家电维修服务业管理办法(商务部令 2012 年第 7 号,第五、七、九、十四条). http://www.gov.cn/gongbao/content/2012/content_2231695.htm
- 市场监管总局 (2022). 明码标价和禁止价格欺诈规定(市场监管总局令第 56 号,第五、八、十九条). http://www.gov.cn/gongbao/content/2022/content_5699926.htm
- 国务院 (2024). 消费者权益保护法实施条例(国务院令第 778 号,第九、十条). https://www.gov.cn/zhengce/zhengceku/202403/content_6940159.htm
- 全国人大常委会 (2013 修正). 消费者权益保护法(第八、十条):「消费者有权根据商品或者服务的不同情况,要求经营者提供……服务的内容、规格、费用等有关情况」「有权拒绝经营者的强制交易行为」. https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7670606ef(国家法律法规数据库)
8.28 Don’t be a “nominal legal representative” — don’t lend your ID to register a company
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
The law assumes the legal representative is the person actually managing the company; claiming “I’m just a figurehead and know nothing” does not serve as a valid excuse to avoid liability. If a legal representative causes harm to others while performing duties, the company must compensate first, then may seek reimbursement from you if you were at fault. For those already serving in this role, company law allows them to resign, and the company must appoint a new legal representative within 30 days.
- Cost
There’s no cost involved. If someone asks you to “just be a figurehead with no responsibilities,” you can simply refuse.
- Benefit
The legal representative is intended to be the director or manager who actually runs the company’s affairs, meaning the law regards this person as the true manager. Should such a representative cause harm to others while on duty, the company pays compensation first and then can recover those funds from the responsible representative. Directors and senior executives also owe duties of loyalty and diligence to the company — they must act in its best interests and with due care. If they cause harm to others through intentional acts or gross negligence, they must personally bear the financial responsibility. “Lack of awareness” is not a legally valid defense against liability. Article 10 of the Company Law states: “Where the legal representative resigns, the company shall determine a new legal representative within thirty days from the date of resignation.” (nationwide, effective July 2024).
- Notes
Company law itself only specifies who bears liability. More commonly, being a nominal legal representative leads to further consequences: when a company faces court enforcement actions, the representative may be restricted from high-end consumption, and may also face tax-related penalties or administrative sanctions. These consequences stem from other laws and enforcement regulations; this section has not checked the original texts, so it is rated as grade B. As noted earlier, existing legal representatives may resign under company law, with the company required to appoint a replacement within 30 days. If someone used your name to take out a loan, see item 45 (help with a face scan).
Sources
全国人大常委会 (2023). 公司法(2023 年修订,第十、十一、一百八十、一百九十一条). https://www.gov.cn/yaowen/liebiao/202312/content_6923395.htm
8.29 Don’t carry items for strangers when traveling, and don’t accept packages of unknown origin
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
The Consular Department of the Ministry of Foreign Affairs advises citizens traveling abroad: do not carry luggage or items for others, especially prohibited goods or things you do not know about. Every country bans drugs from entering; the luggage is in your hands, so you are the one who has to answer questions and make declarations at customs. Receiving parcels for others inside China is the same, especially when you are asked to advance the money and be refunded later.
- Cost
No cost at all. Simply say no.
- Benefit
The advice of the Consular Department of the Ministry of Foreign Affairs to citizens going abroad is: “be sure to avoid carrying luggage or items for others, especially prohibited items or items you do not know about.” The same passage says “all countries prohibit the entry of drugs, products of protected animals and plants, and the like”, and asks you to “truthfully declare restricted items and the amount of cash as required” and to “truthfully answer questions from customs, immigration and other staff.” If you carry something for another person and cannot say what is inside, you cannot declare it truthfully. The same is true inside China. A 2025 risk warning from the Hubei Provincial Post Administration lists “receiving high-priced goods for others” among the main forms of fraud that use express delivery, and states: “anyone who asks you to advance money in the name of express ‘order brushing’ or ‘doing tasks’ is a scammer”
- Notes
The official warning pages of the General Administration of Customs and the Ministry of Public Security on this matter cannot be opened, so for entry and exit only the Consular Department page is cited. The source also gives only principles and no legal provisions, so it is graded B. Carrying medicine abroad for others needs the same care; see Section 21, item 12 (taking medicine abroad).
Sources
- 外交部领事司 (2026). 对准备出国的中国公民有哪些建议?(中国领事服务网,2026 年 7 月 13 日). https://cs.mfa.gov.cn/zggmcgx/lsbhyxz/cjwd_149483/202607/t20260713_11981016.html
- 湖北省邮政管理局 (2025). 关于防范利用寄递渠道实施诈骗的风险提示(2025 年 3 月 25 日). https://hb.spb.gov.cn/hubsyzglj/c100057/c100058/202503/17998076d1f74959b1d4378ddb9d3564.shtml
8.30 Leashing dogs is mandatory: failure to do so means strict liability for any harm caused (you must pay compensation regardless of fault), and the obligation extends fully. The dog also needs its rabies vaccinations on schedule and a dog registration
- Money Low
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
If a dog injures someone, the owner generally has to pay no matter who was at fault; only proof that the other person acted intentionally or with gross negligence can reduce or remove it. Without a leash, “the other person's intent” is the only reduction left, and in serious cases you can also be detained. A dog without its rabies shots on schedule brings an order to correct it and possibly a fine. For prohibited aggressive breeds there is no ground for exemption at all.
- Cost
A leash costs a few dozen yuan. Rabies shots and registration cost money too, and fees vary by place. The hard part is remembering the leash every time you go out and bringing the dog in for its shot when it falls due.
- Benefit
When a pet causes injury to another person, its owner or the person supervising it at the time bears legal liability for compensation. Only if it can be demonstrated that the injured individual deliberately provoked the animal or displayed gross negligence may the compensation obligation be lessened or voided. If the management rules were broken and no safety measures were taken, such as no leash where one was required, the only ground left for reduction is “intent by the injured party.” In the case of prohibited aggressive breeds, there is absolutely no legal basis for exemption from compensation. Under Article 89 of the Public Security Administration Punishments Law, failing to take safety measures so that an animal injures someone brings a fine of up to 1,000 yuan, and in more serious cases detention of 5 to 10 days. Article 30 of the Animal Epidemic Prevention Law requires dog owners to have the dog vaccinated against rabies at the set intervals, then take the immunization certificate issued by an animal clinic (a pet hospital, for example) to the local office to register the dog. When taking the dog out, it must wear its license tag and be leashed as the rules require. Under Article 92 of the same law, an owner who fails to vaccinate the dog against rabies as required is ordered by the agriculture authority to correct it within a time limit and may be fined up to 1,000 yuan. If it is still not corrected, the fine is 1,000 to 5,000 yuan, and the dog is handled by an animal clinic or similar body on the authority's behalf, at the owner's expense
- Notes
Compensation for dog bites typically covers medical costs, lost wages, rabies vaccinations, and immunoglobulin treatments; Abandoning the dog does not remove liability: if it injures someone while abandoned or run away, the original keeper is still liable. The Animal Epidemic Prevention Law leaves the detailed rules for dog epidemic control to each province, autonomous region and municipality. Where to register, what it costs and how often to vaccinate depend on your local dog-keeping regulations. What to do after a bite: Section 13, item 13 (bites from dogs and cats).
Sources
- 全国人大 (2020). 民法典. 最高人民检察院转载全文. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml 第一千二百四十五条:「饲养的动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任
- 但是,能够证明损害是因被侵权人故意或者重大过失造成的,可以不承担或者减轻责任。」第一千二百四十六条:「违反管理规定,未对动物采取安全措施造成他人损害的,动物饲养人或者管理人应当承担侵权责任
- 但是,能够证明损害是因被侵权人故意造成的,可以减轻责任。」第一千二百四十七条:「禁止饲养的烈性犬等危险动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任。」第一千二百四十九条:遗弃、逃逸的动物在此期间造成损害,由原饲养人或者管理人承担责任
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,2026-01-01 施行). 国家法律法规数据库. https://flk.npc.gov.cn/detail?id=ff80818197af9ccc0197b159c38a0408 第八十九条第三款:「未对动物采取安全措施,致使动物伤害他人的,处一千元以下罚款
- 情节较重的,处五日以上十日以下拘留。」
- 全国人大常委会 (2021). 动物防疫法(2021 年修订,2021-05-01 施行). 国家法律法规数据库. https://flk.npc.gov.cn/detail?id=ff8080817703add2017737395a973e31 第三十条第一款:「单位和个人饲养犬只,应当按照规定定期免疫接种狂犬病疫苗,凭动物诊疗机构出具的免疫证明向所在地养犬登记机关申请登记。」第二款:「携带犬只出户的,应当按照规定佩戴犬牌并采取系犬绳等措施,防止犬只伤人、疫病传播。」第五款:「饲养犬只防疫管理的具体办法,由省、自治区、直辖市制定。」第九十二条:「由县级以上地方人民政府农业农村主管部门责令限期改正,可以处一千元以下罚款
- 逾期不改正的,处一千元以上五千元以下罚款,由县级以上地方人民政府农业农村主管部门委托动物诊疗机构、无害化处理场所等代为处理,所需费用由违法行为人承担」,适用情形第(三)项:「对饲养的犬只未按照规定定期进行狂犬病免疫接种的」
8.31 If the other person is too drunk to be fully conscious, is asleep, or may be under 14, do not have sex with them
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
If the other person is too drunk to be fully conscious or is asleep, they cannot validly consent. Having sex with them in such a state is legally classified as rape, carrying a base sentence of 3 to 10 years in prison. The reliable course of action is to abstain from sex, and once the gathering ends, ensure they are returned to their own friends or family. Age verification follows Section 9, item 18 (under 14 years of age).
- Cost
No monetary cost. The price is having to stop the encounter right then and there — the hard part is actually halting it on the spot.
- Benefit
Article 236 of the Criminal Law stipulates that anyone who rapes a woman using violence, coercion, or other means faces a sentence of 3 to 10 years in prison. The phrase “other means” is not limited to physical force; it also covers situations where the other person is not fully conscious or is asleep and thus unable to validly consent. Situations such as raping a woman in vile circumstances or raping several women incur sentences of 10 years or more, life imprisonment, or even the death penalty. The same article also states that raping a girl under 14 is treated as rape and punished more severely; age determination follows Section 9, item 18 (under 14 years of age). A legal awareness article published by the Xicheng District People’s Procuratorate of Beijing notes that “sexually assaulting a woman after drugging or intoxicating her also constitutes rape.” The decisive factor is “whether the act violates the victim’s genuine will”; whether the victim resisted at the time is “not the key.” Article 237 of the Criminal Law governs forced indecency: anyone who uses violence, coercion, or other methods to force another person into indecent acts faces up to 5 years in prison or detention (nationwide).
- Notes
This grade is assigned because the statutory text only contains the vague phrase “other means.” The assertion that “intoxication also counts as rape” originates from the procuratorate’s awareness article, not from an official judicial interpretation. The rape statutes explicitly reference women; when men are subjected to similar acts, they are prosecuted under the forced indecency statute, so gender makes no difference — no one may be touched under such circumstances. If you yourself are the victim, see Section 13, item 42 (“After being sexually assaulted”) for appropriate steps to take. If you are so intoxicated that you lose consciousness, you face dual risks: being accused of a crime and being blackmailed; see item 32 (“If the other party uses leverage to demand money, call the police”) for details.
Sources
- 全国人大 (1997). 刑法(第二百三十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 全国人大 (2020 年修正). 刑法(第二百三十七条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html(北京市公安交管局转载整合文本)
- 北京市西城区人民检察院 (2018). 她们为什么不再沉默……. https://www.bjjc.gov.cn/c/xicheng/xjjsl/320654084.jhtml
8.32 If after sex or a nude chat someone threatens to call the police, post photos, or inform your workplace unless you pay up — don’t give them a single cent and don’t delete any records; call the police right away
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Threatening “I will report you” or “I will send the photos to your employer” to make you pay is extortion. Pay nothing, delete no record, and call the police on the spot. If the other side really sends the photos out, he has also infringed your right to privacy. Extorting 2,000 to 5,000 yuan or more carries up to 3 years; 30,000 to 100,000 yuan or more carries 3 to 10 years.
- Cost
There’s no monetary cost. Take screenshots of their account info, chat logs, and payment codes, then head to the nearest police station with your phone. The hardest part is resisting the urge to “pay to make it go away.”
- Benefit
Criminal Law Article 274: extorting public or private property in a relatively large amount, or extorting repeatedly, is punished with up to 3 years of fixed-term imprisonment, criminal detention or public surveillance, and also or only a fine. Criminal detention (拘役) is short-term custody; public surveillance (管制) means no custody but restricted freedom; “also or only a fine” means a fine in addition, or a fine alone. For a huge amount or other serious circumstances: 3 to 10 years of fixed-term imprisonment and a fine. For an especially huge amount or other especially serious circumstances: 10 years or more and a fine. The two supreme judicial organs also issued an interpretation, the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Extortion (法释〔2013〕10 号, in force from April 27, 2013). Its Article 1 sets three amount tiers. Extorting public or private property worth 2,000 to 5,000 yuan or more is “a relatively large amount”. 30,000 to 100,000 yuan or more is “a huge amount”. 300,000 to 500,000 yuan or more is “an especially huge amount”. Article 3: extorting three or more times within two years is to be treated as “repeated extortion” (nationwide). Civil Code Article 1032: no organization or individual may infringe another person’s right to privacy by spying, intruding, disclosing or making public. Article 1033 prohibits disturbing the peace of private life by phone, text message, instant messaging and the like. So if the other side really sends the photos out, he has infringed your right to privacy again; it is not your fault. The words of the Fujian Provincial Public Security Department’s warning on this kind of case are: “be sure to preserve the evidence, call 110 promptly, and never keep transferring money”
- Notes
The three amount tiers are set by each province within the ranges given by the judicial interpretation. 2,000 to 5,000 yuan or more is “a relatively large amount”. 30,000 to 100,000 yuan or more is “a huge amount”. 300,000 to 500,000 yuan or more is “an especially huge amount”. Which figure applies in your province is decided by the local standard. Extorting three or more times within two years counts as “repeated” even if each amount is small. Do not delete the chat records or the photos, close the account, or just block the person. That also deletes your own evidence; see item 5 of this section (if summoned, hire a lawyer first; do not delete records). If a case is really opened against you, these records are also your own material for proving what happened. Do not try to “negotiate installments” either. Shenzhen police have summarized how nude-chat extortion works. The scammer gets you to install a so-called nude-chat app, which is actually a trojan that reads your contacts. Then they record the whole process and demand money by threatening to mass-send the video. Beijing police say that once you are willing to pay to “settle privately”, the scammer will demand without end. Threatening “I will tell your family you like the same sex” to get money is the same kind of extortion. In Yancheng, Jiangsu, someone arranged meetings on a same-sex social app and then used this trick to take 14,500 yuan. After the victim reported, he was prosecuted. He had already been sentenced twice before for the same method. Using nude photos to force someone into sex is prosecuted as rape. In Xiangshan, Zhejiang, someone got nude photos from several women on social platforms and then threatened to publish them; the victims found numbered 10. One of them reported to the police as soon as she received the threat; she and the man had never met, and the procuratorate still treated it as attempted rape. The offender was finally prosecuted for rape and forcible indecency (强制猥亵). So do not send nude photos to people you know only online. Conversely, if you are the victim and claim compensation from the infringing party, a high amount does not by itself make it extortion. For how to claim, see item 36 of this section (when you are the victim and claim compensation). If photos really are posted online, you can notify the platform to delete them. Civil Code Article 1195 says you have the right to notify the platform to delete, block or disconnect the links. The notice must attach preliminary evidence of the infringement and your real identity information. If the platform does not handle the notice in time, it is liable together with the poster for the part of the harm that grows.
Sources
- 全国人大 (2020 年修正). 刑法(第二百七十四条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html(北京市公安交管局转载整合文本)
- 最高人民法院、最高人民检察院 (2013). 关于办理敲诈勒索刑事案件适用法律若干问题的解释(法释〔2013〕10 号). https://www.court.gov.cn/zixun/xiangqing/5310.html
- 全国人大 (2020). 民法典(第一千零三十二、一千零三十三条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 全国人大 (2020). 民法典(第一千一百九十五条):「权利人有权通知网络服务提供者采取删除、屏蔽、断开链接等必要措施。通知应当包括构成侵权的初步证据及权利人的真实身份信息」「未及时采取必要措施的,对损害的扩大部分与该网络用户承担连带责任」. https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf(国家法律法规数据库)
- 福建省公安厅 (2024). 因为一条「约炮」信息,我背上 23 万的债务. http://gat.fujian.gov.cn/ztzl/fjjffpzxrx/spjq/202403/t20240307_6410612.htm
- 深圳市公安局 (2022). 「裸聊」诈骗是如何一步步得逞的?. https://ga.sz.gov.cn/JMHD/YWZSK/XJGL_ZS/content/post_9577428.html
- 北京反诈 (2023). 防范裸聊敲诈(福建省公安厅转载). https://gat.fujian.gov.cn/ztzl/fjjffpzxrx/dxal/202302/t20230210_6107918.htm
- 检察日报 (2018). 两次获刑不思悔改 曝光隐私要挟网友(徐州市鼓楼区人民检察院网站转载). https://xzgl.jsjc.gov.cn/jianwu/baxiang/201804/t20180409_420934.shtml
- 检察日报 (2022). 男子以公布裸照威胁10名女性与其发生关系,大数据筛查「报警」!(最高人民检察院网站). https://www.spp.gov.cn/zdgz/202212/t20221212_595435.shtml
8.33 If someone falsely accuses you, you can demand that the person be held to account: if it reaches a public-order penalty, detention from 5 days; if it is a crime, up to 3 years
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Medium
- Measured in Freedom
- In plain terms
It is illegal to make up false accusations in an attempt to get someone punished under criminal or public order laws. Offenders face up to 5 days of detention or a fine of up to 1,000 yuan. More serious cases bring 5 to 10 days of detention. When the actions meet the threshold for a crime, they fall under the offense of false accusation, punishable by up to 3 years in prison. However, simple mistakes or unintentional errors do not count as intentional wrongdoing. To hold someone accountable, you must prove they acted with deliberate malice.
- Cost
No cost at all. You simply file a report with local police, explaining that the accusations are false. The real challenge lies in providing proof that the person deliberately fabricated the claims.
- Benefit
Article 50 of the Public Security Administration Punishment Law (revised June 27, 2025, effective January 1, 2026) addresses false accusations. Anyone who fabricates facts to get another person penalized under criminal or public order statutes faces up to 5 days of detention or a fine of up to 1,000 yuan; in more serious cases, 5 to 10 days of detention, and a fine of up to 1,000 yuan may be added. Article 243 of the Criminal Law defines the crime of false accusation: those who invent facts to falsely accuse another person, intending that person to be criminally prosecuted, are, in serious cases, sentenced to up to 3 years of imprisonment, criminal detention or public surveillance. If serious consequences result, the sentence is 3 to 10 years. Public officials committing such acts receive harsher sentences within the same penalty range. Conversely, unintentional errors or honest mistakes do not trigger these provisions.
- Notes
To successfully pursue legal action, you must demonstrate both that false facts were invented and that the perpetrator acted with intent — not merely that you did not commit the alleged act. Proving intent is far more difficult than disproving your own guilt. Keep in mind that legal consequences are not guaranteed. There are no public nationwide statistics on false-accusation cases opened and handled, so we cannot provide prevalence rates or gender breakdowns. For guidance on proving your innocence and seeking compensation, see items 34 and 35 of this section (insufficient evidence should mean a not-guilty verdict; state compensation).
Sources
- 全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第五十条). https://gaj.beijing.gov.cn/wsgs/2024zcwj/zcfg/202506/t20250630_4134266.html(北京市公安局转载全文)
- 全国人大 (1997). 刑法(第二百四十三条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
8.34 Insufficient evidence alone warrants acquittal; coerced confessions must be excluded; petitions (申诉) and retrials remain possible after conviction
- Money No cost
- Time Hours
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
The Criminal Procedure Law sets clear thresholds for conviction: evidence must be verified through legally prescribed procedures and must collectively leave no reasonable doubt about the facts. When these criteria cannot be met, acquittal is mandatory. Confessions extracted via torture or testimonies obtained through violence and threats must be excluded from consideration and cannot serve as a basis for the judgment. Once a verdict takes effect, you, your legal representatives, and close relatives can still file a petition (申诉).
- Cost
Pursuing these procedures costs nothing in terms of fees, but petitions and retrials demand considerable time. Typically, hiring a lawyer is necessary, with fees starting at several thousand yuan. Those facing financial hardship may apply for legal aid — see item 5 of this section (if accused, hire a lawyer first). The real challenge lies in persisting through multiple rounds of proceedings without giving up.
- Benefit
Article 55 of the Criminal Procedure Law stipulates that evidence must be both authentic and sufficient: it must be verified through legally prescribed procedures, and the totality of evidence must eliminate any reasonable doubt regarding the facts. Eliminating reasonable doubt means that, when all evidence is considered together, no other plausible explanation for those facts remains. Article 56 further states that any statements from suspects or defendants obtained through torture or any testimonies or victim statements gathered via violence or threats must be excluded from legal proceedings. Should such evidence be identified during investigation, prosecution, or trial, it must be discarded and cannot inform prosecution recommendations, decisions, or sentencing. Article 200(3) explicitly provides that when evidence proves insufficient to establish guilt, a verdict of acquittal must be rendered on the grounds that the alleged crime cannot be proven. Article 252 gives the route of petition: the parties, their legal representatives, and close relatives may petition courts or procuratorates against judgments or rulings that have taken legal effect. However, a petition does not stop the execution of the judgment or ruling. Article 253 lists the circumstances in which courts must retry a case (nationwide).
- Notes
These provisions represent minimum legal safeguards rather than guarantees of specific outcomes. This book has no checkable official data on the acquittal rate in Chinese criminal cases or the rate of judgments changed on petition, so no percentages or case-specific evaluations are provided here. Three concrete steps remain available to individuals: first, hire a lawyer immediately after the initial interrogation — see item 5 of this section (if accused, hire a lawyer first); second, carefully review and sign any official transcripts only after reading them in full; third, do not admit to something you did not do to “get out sooner,” as pleading guilty and accepting punishment may earn leniency but does not grant immunity from liability. Where statutory conditions are met, courts are legally required to conduct a retrial.
Sources
全国人大常委会 (2018). 刑事诉讼法(2018 年修正,第五十五、五十六、二百、二百五十二、二百五十三条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml
8.35 For individuals released from detention after a case is dropped, a decision not to prosecute is made, or they are acquitted, applying for state compensation is possible — compensation is calculated on a daily basis
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Money
- In plain terms
If you were detained or arrested and then the case was dropped, not prosecuted, or you were found not guilty, you can apply for state compensation. Days in custody are paid by the day: 495.94 yuan a day from May 18, 2026. If the consequences were serious, compensation for mental distress is paid in addition. No compensation is paid if you did commit the act but were not prosecuted only because the circumstances were minor, or if the limitation period had passed, you were under the age of responsibility, or you made a false confession yourself.
- Cost
No expense is required. The compensation application must be submitted to the same agency that originally ordered the detention, arrest, prosecution, or sentencing.
- Benefit
Article 17 of the State Compensation Law lists several situations in which the victim has the right to compensation. The first is detention: a citizen is detained in violation of the Criminal Procedure Law, or lawfully detained but beyond the legal time limit, and afterwards the case is withdrawn, not prosecuted, or criminal liability is ended by a judgment of not guilty. The second is arrest: after a citizen is arrested, the case is withdrawn, not prosecuted, or criminal liability is ended by a judgment of not guilty. The third is retrial: the case is retried under the trial supervision procedure and changed to not guilty, and the original sentence has already been carried out. The trial supervision procedure is the procedure for retrying a judgment that has already taken effect. Article 33: where personal liberty is infringed, the daily compensation is calculated on the previous year’s national average daily wage of employees. Article 35: where mental harm is caused, within the scope of the effect of the infringement the victim must be given removal of the effect, restoration of reputation and an apology, and where serious consequences result, a corresponding amount of compensation for mental distress must be paid. Article 19 lists six situations in which the state does not pay. One: you deliberately made a false confession or forged other evidence of guilt, and were therefore held or sentenced. Two: a person who bears no criminal liability under Articles 17 and 18 of the Criminal Law was held, for example someone below the age of criminal responsibility, or a mentally ill person who caused harm when unable to recognize or control their own conduct. Three: a person whom the Criminal Procedure Law says is not to be held criminally liable was held. This covers cases where the circumstances were obviously minor and the harm small, so that it is not regarded as a crime, where the limitation period had passed, and where the suspect has died. It also covers cases where the crime was minor and the procuratorate decided not to prosecute, which is commonly called discretionary non-prosecution (相对不起诉, also called 酌定不起诉). It likewise includes non-prosecution of a minor after the probation period of conditional non-prosecution ended, and non-prosecution after reconciliation with the victim. Four: personal acts of the case handlers that have nothing to do with exercising their powers. Five: harm caused by your own deliberate acts such as self-injury. Six: other situations provided by law. Article 7 of the 2015 interpretation of the two supreme judicial organs on criminal compensation confirms again that when a person who bears no criminal liability or a person given discretionary non-prosecution is held, the state does not pay. But where, after prosecution, the court wrongly sentences to criminal detention, fixed-term imprisonment or life imprisonment and the sentence has been carried out, the period of continued custody after the judgment became final is still compensated. Article 8 of that interpretation: where the case-handling organ refuses to pay on the grounds that “you made a false confession yourself” or “you injured yourself”, the case-handling organ has the burden of proof. The Supreme People’s Procuratorate issued a notice in May 2026. The National Bureau of Statistics published the 2025 figures on May 15, 2026. The national average annual wage of employed persons in urban non-private units was about 129,000 yuan (129,441 yuan). The average daily wage worked out from it is 495.94 yuan. When procuratorates at all levels make state compensation decisions from May 18, 2026, they use this figure. The compensation for infringement of personal liberty is 495.94 yuan a day. The previous rate was 475.52 yuan a day, in use from May 2025 (nationwide)
- Notes
This daily rate is updated every May, following the previous year’s average annual wage of urban non-private units published by the National Bureau of Statistics. Look up the current year’s figure when you use it; do not apply the one in this item. When you get the non-prosecution decision, first read the ground it cites. If it says “no criminal fact” or “insufficient evidence”, you can apply for compensation. If it says “the circumstances of the crime were minor”, or the limitation period had passed, the days you were held in principle cannot be compensated. If you do not accept a discretionary non-prosecution, you can appeal to the procuratorate within 7 days of receiving the decision. Compensation for mental distress is set by the case-handling organ according to the consequences; there is no uniform formula. The organ that must pay is the one that originally decided to hold you (the public security organ, the procuratorate or the court); make the application to it first. If you do not accept how it handles it, apply upward under the procedure of the State Compensation Law. For how the figures work out in practice, see the decision in the Guo Li case in item 36 of this section (when you are the victim and claim compensation). Guo Li was held for 1,826 days. Compensation is calculated at the rate of the year the decision is made, not the year he was held. It used the 2016 national average daily wage of employees, 258.89 yuan. For the part on restriction of personal liberty, about 473,000 yuan was paid (472,733.14 yuan). In addition, mental distress compensation of about 165,000 yuan (165,450 yuan) was paid. The ten years of mental distress compensation he himself requested, 88.88 million yuan, was not supported for the part above that. Also know what cannot be compensated. That decision found that these items are outside the scope of state compensation: lost work income, compensation for physical health, property loss, lawyer fees, and living allowance at the detention center.
Sources
- 全国人大常委会 (2012 年修正). 国家赔偿法(第十七、十九、三十三、三十五条). https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html(国家统计局转载)
- 最高人民检察院 (2026). 最高人民检察院公布最新侵犯公民人身自由的赔偿金标准. https://www.spp.gov.cn/xwfbh/wsfbh/202605/t20260519_727675.shtml
- 最高人民法院、最高人民检察院 (2015). 关于办理刑事赔偿案件适用法律若干问题的解释(法释〔2015〕24 号,第七、八条). https://www.court.gov.cn/zixun/xiangqing/16409.html
- 全国人大 (2018). 刑事诉讼法(2018 年修正,第十六、一百七十七、一百八十一、二百八十四、二百九十条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml。国家赔偿法第十九条和该解释引的是 2012 年刑事诉讼法条号(第十五条、第一百七十三条第二款、第二百七十三条第二款、第二百七十九条),2018 年修正后依次对应第十六条、第一百七十七条第二款、第二百八十四条第二款、第二百九十条
8.36 If you’re a victim seeking compensation, use channels like 12315, file a lawsuit, or hire a lawyer. Never meet the offending party alone, and don’t phrase “paying money” and “I won’t expose you” as a single condition
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Freedom
- In plain terms
As a victim, you have every legal right to demand compensation from the party responsible for the harm — this doesn’t automatically make you a blackmailer just because your demands are high. Yet the consequences can be severe: Guo Li was initially sentenced to five years in prison for extortion and was only later found not guilty on retrial. Therefore, always use documented channels, avoid meeting the other party alone at a location they choose, and never link “paying money” with “I won’t go public” as one condition.
- Cost
No expense at all. You can file a complaint via 12315, take legal action in court, or hire an attorney. Make sure to record the entire meeting if you do meet in person. The real challenge is resisting the urge to negotiate directly with the other side on your own.
- Benefit
Official precedent exists: in 2008, after the authorities announced melamine in some batches of “Shi’en” (施恩) brand milk powder, the test result for Guo Li’s daughter was “several point-like strong echoes in the central collecting system of both kidneys.” Guo repeatedly demanded compensation from the seller and the Shi’en company, and exposed the matter to the media. In June 2009, both parties reached an agreement: the Shi’en company paid 400,000 yuan in compensation, and Guo signed a document saying he would pursue it no further and gave up his compensation claims. Later, the company reported to the police, and Guo was convicted of extortion and sentenced to five years in prison by the Chao’an County People’s Court. The Guangdong Provincial People’s Procuratorate then recommended a retrial, arguing that “existing evidence fails to prove Guo intended unlawful gain.” As a legal guardian, Guo “has the right to seek compensation from the milk powder manufacturer, and his claim has a legal basis.” The recommendation also states that “consumers may expose and criticize any behavior infringing on their rights via mass media.” On April 7, 2017, the Guangdong Higher People’s Court acquitted Guo, ruling that “the original verdict lacked sufficient facts and evidence to prove Guo intended unlawful gain; his actions fell within the scope of civil disputes.” Guo was detained for 1826 days between July 23, 2009, and July 22, 2014 (Guangdong, retrial verdict 2017).
- Notes
This grade is assigned because this is only one case, not a rate that can be generalized. It demonstrates two key points: seeking compensation is lawful, yet you may still face criminal investigation. The safest approach is hiring a lawyer or filing a lawsuit and not dealing with the other party alone yourself. Be especially cautious when they invite you to their location for “a face-to-face talk”: the police report and the opening of a case usually happen where the other party is. Once a settlement is signed, follow it; a new large claim after signing is the thing most easily read as “coercion.” For what to do after a case is opened, see items 5, 34 and 35 (hire a lawyer promptly, lack of evidence warrants acquittal, and state compensation). Conversely, if the other party uses threats of reporting or leaking photos to demand money, see item 32 (the other party demands money by threatening to report you or to post photos).
Sources
- 广东省人民检察院 (2017). 广东省检察院再审建议对郭利案改判无罪. http://www.gd.jcy.gov.cn/jcyw2/201704/t20170411_1975029.shtml(广东省人民检察院官网)
- 广东省高级人民法院赔偿委员会 (2018). 郭利以再审无罪为由申请、广东省潮州市中级人民法院赔偿的国家赔偿案件((2018)粤委赔 11 号). https://www.gdcourts.gov.cn/caipanwenshuxuandeng/caipanwenshuxuandeng/content/post_1045709.html
8.37 Cyberbullying: First enable protections, gather evidence, then choose among three routes: the platform, an injunction, or the police
- Money No cost
- Time Hours
- Willpower Some
- Benefit Medium
- Measured in Freedom
- In plain terms
Do three things immediately: turn on all platform safety settings, use the platform’s quick evidence-collection tools to preserve content, and file a report through the same quick access point. After that, you can ask the court for an injunction to make the person stop first. You can also go to court and sue yourself; if gathering evidence is difficult, you can ask the police for help. If there are serious consequences such as suicide and the social impact is bad, the case can instead be prosecuted by the procuratorate.
- Cost
There’s no monetary cost. It takes ten-odd minutes on the spot to enable protections and collect evidence. If you end up needing a court injunction or filing a private prosecution, you’ll have to visit the court and may even need to hire a lawyer. The hardest part is documenting everything right away instead of retaliating with insults.
- Benefit
Article 15 of 法发〔2023〕14 号 deals with injunctions. The rights holder has evidence that someone is committing or about to commit an unlawful act infringing their personality rights, and failing to stop it in time would cause harm to their lawful rights that is hard to repair. If the rights holder applies under Article 997 of the Civil Code, the court may issue a personality-rights injunction under the law. Such an injunction is a court order telling the other side to stop first. Article 11 of the same opinion deals with evidence. In private prosecution cases, “a victim who truly has difficulty providing evidence may ask the public security organ for assistance.” The public security organ shall promptly identify the person responsible and collect evidence such as how the content spread and its impact. The network service provider shall give the necessary technical support. “Where, after the public security organ assists in collecting evidence, the conditions for accepting a private prosecution are met, the court shall decide to open the case.” Where evidence cannot be collected, the public security organ shall explain in writing. A private prosecution case is one where the victim goes to court and sues personally. Article 12 of the opinion lists five situations that shall be found to be “seriously endangering social order” under Article 246, paragraph 2 of the Criminal Law. First, causing serious consequences such as mental breakdown or suicide of the victim or a close relative, with bad social impact. Second, targeting ordinary members of the public at random, with information spreading widely and drawing a large number of vulgar, malicious comments, with bad social impact. Third, insulting or defaming several people or spreading the content repeatedly, with bad social impact. Fourth, organizing or directing people to spread it widely on several platforms, with bad social impact. Fifth, others. Article 4 of the opinion: organizing a “human flesh search”, illegally collecting citizens’ personal information and publishing it to an unspecified large number of people, is punished in serious cases as the crime of infringing citizens’ personal information. Article 23 of the Provisions on the Governance of Online Violence Information requires platforms to provide these protection options. You can block strangers or specific users. You can limit who sees what you post. You can prohibit reposts or comments. You can accept private messages only from friends, or refuse all private messages. Article 25 requires a quick evidence-collection function. Article 26 requires a quick complaint and report entry in a prominent place. Article 15 requires platforms that find suspected crimes to report to the public security organ promptly.
- Notes
The order of options follows what’s fastest and cheapest: platform actions are quickest and cost nothing, so start by securing evidence and filing a report. Court procedures are the slowest and most expensive, so they’re a last resort. All associated costs fall on you. You must apply for the injunction yourself, and in private prosecutions you handle both filing and evidence gathering. Only if the case meets one of the five situations in Article 12 of 法发〔2023〕14 号 can the procuratorate take over as a public prosecution. If it does not, you can only sue yourself. Two things to avoid: never retaliate with insults, as that could make you the one punished under item 16 of this section (do not insult people or spread rumors online); and never delete any content from your account, because it serves as evidence. If you feel overwhelmed, call 12356 as described in Section 1, item 25. To request removal of your personal data, refer to Section 14, item 8. If you helped a stranger and were then filmed and put online, see A stranger has an accident on the street: walk away or stop.
Sources
- 最高人民法院、最高人民检察院、公安部 (2023). 关于依法惩治网络暴力违法犯罪的指导意见(法发〔2023〕14 号,第 4、11、12、15 条). https://www.court.gov.cn/zixun/xiangqing/412992.html
- 全国人大 (2020). 民法典(第九百九十七条). 最高人民检察院转载全文 https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 国家互联网信息办公室、公安部、文化和旅游部、国家广播电视总局 (2024). 网络暴力信息治理规定(第十五、二十三、二十五、二十六条,2024 年 8 月 1 日施行). 国务院公报 https://www.gov.cn/gongbao/2024/issue_11526/202408/content_6969181.html
8.38 The legal route of “buying insurance on someone first, then attacking them” is blocked from the start: you get zero money, and the crimes are punished together as intentional homicide plus insurance fraud
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
If you buy insurance payable on death for an adult family member behind their back, the contract is void. If the policyholder deliberately causes the insured’s death, the insurer pays nothing, and anyone who deliberately kills the person they would inherit from also loses the right of inheritance. The Criminal Law lists this kind of insurance fraud as its own item, punished together with the crime of intentional homicide, up to the death penalty. You get not one yuan.
- Cost
No cost at all.
- Benefit
Insurance Law Article 34: a contract that pays out on death is void unless the insured has consented and approved the insured amount. The insured is the person whose life is covered. Parents buying for a minor child are not bound by this limit. Article 39: when the policyholder names a beneficiary, the insured’s consent is needed. The policyholder is the one who pays for the insurance; the beneficiary is the one who collects after the event. Article 43 deals with deliberately harming a person. If the policyholder deliberately causes the death, disability or illness of the insured, the insurer bears no liability to pay. If the policyholder has paid premiums for two full years or more, the cash value is refunded to the other rights holders. If the beneficiary deliberately causes the death, disability or illness of the insured, or attempts to kill the insured, that beneficiary loses the right to benefits. Article 27, paragraph 2: if the policyholder or insured deliberately causes an insured event, the insurer has the right to terminate the contract and bears no liability to pay, and except as provided in Article 43 does not refund the premiums. Civil Code Article 1125: a person who deliberately kills the decedent loses the right of inheritance. Criminal Law Article 198, paragraph 1, item 5 lists as insurance fraud “the policyholder or beneficiary deliberately causing the death, disability or illness of the insured in order to obtain insurance money.” For a relatively large amount: up to 5 years, and a fine of 10,000 to 100,000 yuan. For a huge amount: 5 to 10 years. For an especially huge amount: 10 years or more. Paragraph 2: where such an act also constitutes another crime, punishment follows the rule on combined punishment for several crimes (数罪并罚, the punishments for several crimes are put together to work out the sentence). Article 232: intentional homicide is punished by death, life imprisonment or fixed-term imprisonment of 10 years or more. The case is Zhang Mosong in Xuancheng, Anhui. In the early hours of July 18, 2016, he drove into a pond and his wife drowned. Less than half a month before, he had bought 4 policies on his wife, each of 1 million yuan. He was arrested on July 25. The court combined the punishments for intentional homicide and insurance fraud, sentencing him to death with a reprieve (死缓) and a fine of 50,000 yuan
- Notes
This item benefits you yourself: what it avoids is the death penalty or life imprisonment. The deaths and the judgment in the case are taken from the original text of the typical case published by the procuratorate; the main text gives no details beyond the investigation methods. Insurance fraud that involves no death, such as staging an accident or exaggerating a loss, is also a crime. People who help by giving testimony are counted too; see Section 9, item 21 (staging accidents or exaggerating losses to claim insurance). Buying insurance for family is normal in itself; what to guard against is the thought of “buy the insurance, then act”. For an urge to harm family, treat it as an emergency; see items 14 and 15 of this section (when the thought comes to you yourself; when someone near you says harsh words)
Sources
- 全国人大常委会 (2015 修正). 中华人民共和国保险法第二十七、三十四、三十九、四十三条. https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7c4060811
- 全国人大 (2020). 中华人民共和国民法典第一千一百二十五条. https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf
- 全国人大常委会. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第一百九十八条、第二百三十二条. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92
- 安徽省人民检察院转载《法制日报》(2020-01-13). 杀妻骗保牵出案中案(安徽省人民检察院民事虚假诉讼监督典型案例). http://www.ah.jcy.gov.cn/jczt/jjslhyqkjc/mtjj/202001/t20200113_2758841.shtml
8.39 You must obtain a case receipt when reporting a crime; if no case is opened, you must receive a written notice. You can request a reconsideration within 7 days and a review within another 7 days. The procuratorate can also order the police to open a case
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Medium
- Measured in Freedom
- In plain terms
When you report to the police, get the case receipt on the spot. It is your proof that you reported. If they decide not to open a case, they must issue a written notice explaining this decision. If you disagree, you may request a reconsideration within 7 days, and if still unsatisfied, a further review within another 7 days. You may also approach the procuratorate to ensure the police fulfill their duty to open the case.
- Cost
No cost involved. Simply ask for the case receipt right then and there. Afterwards, follow the timelines outlined above to check on your case’s status. The only difficulty lies in having to make these inquiries repeatedly.
- Benefit
Article 171 of the Procedural Provisions on Handling Criminal Cases by Public Security Organs (as amended by Order No. 159 of the Ministry of Public Security) deals with the case receipt. It says: “When the public security organ accepts a case, it shall make a case registration form and a case receipt, and hand the case receipt to the person who brought the suspect in, the reporter, the complainant or the informant.” Article 174: “For a case accepted or a crime lead discovered, the public security organ shall review it promptly.” Article 178 deals with whether to open a case. If, after review, the police find there are criminal facts requiring criminal liability and the case is within their jurisdiction, they must open it. Opening a case needs the approval of the person in charge of a public security organ at county level or above. Not opening a case also means giving you a piece of paper: “For a case with a complainant, where it is decided not to open a case, the public security organ shall make a notice of not opening a case and deliver it to the complainant within three days.” Article 179 deals with what to do if you disagree. It says: “A complainant who disagrees with the decision not to open a case may, within seven days of receiving the notice, apply for reconsideration to the public security organ that made the decision; the public security organ shall decide within thirty days of receiving the application.” It goes on: “A complainant who disagrees with the reconsideration decision may, within seven days of receiving the reconsideration decision, apply for review to the public security organ at the next higher level; that organ shall decide within thirty days of receiving the application. Where a higher-level organ revokes a decision not to open a case, the lower-level organ shall carry it out.” For major or complex cases the time limit for reconsideration and review can be extended, but “not by more than thirty days, and the applicant shall be told in writing.” Criminal Procedure Law Article 112: where there are found to be criminal facts requiring criminal liability, a case shall be opened; where it is not opened, “the reason shall be notified to the complainant. A complainant who disagrees may apply for reconsideration.” Article 113: “Where a victim believes the public security organ has not opened for investigation a case that should be opened, and raises this with the people’s procuratorate, the procuratorate shall require the public security organ to explain the reason. Where the procuratorate finds the reason does not hold, it shall notify the public security organ to open the case, and the public security organ shall open it on receiving the notice.” Article 61 of the Procedural Provisions on Handling Administrative Cases by Public Security Organs has the same requirement. For a case within the unit’s jurisdiction, it “shall immediately investigate and handle it, make a case registration form and a case receipt, and hand the case receipt to the reporter, complainant, informant or the person who brought the suspect in.” The time limit for handling a public-order case “shall not exceed 30 days from acceptance; for a major or complex case, it can be extended by 30 days with the approval of the public security organ at the next higher level”, and time for expert appraisal does not count. Article 9 of the Regulations on Inspection of Public Security Organs deals with complaints about the police. It says: “For an unlawful or disciplinary act by a public security organ or its police officers that is in progress and is complained of by the public, the inspection body shall send officers promptly, deal with it on the spot as provided, and promptly report the result back to the complainant” (nationwide).
- Notes
This item benefits you yourself. A report does not always get handled, but whether it is handled and how soon both have written standards and time limits; they do not depend on the mood of the person taking the call that day. Keep these three steps in mind: ① Obtain the case receipt on the spot and note down the case number and handling unit; ② If no progress is made by the deadline, ask “which stage is the case at”, not “why won’t you deal with me”; ③ Upon receiving a notice of non-initiation, review its rationale, then apply for reconsideration within 7 days and review within another 7 days, while also having the option to request oversight from the procuratorate — all these avenues are mutually compatible. Public-order cases are things like fights and petty theft. The time limit counts from the day of acceptance and is no more than 30 days. For a major or complex case, it can be extended by another 30 days with the approval of the public security organ at the next higher level. Time for appraisal does not count. If you are treated badly at reception, complain through the inspection channel, and pursue the case itself through the case-opening process as before. Matters such as lost-and-found items or neighborhood disputes are not criminal cases to begin with. The police will handle them as administrative cases or through mediation, or may only record them; do not read this as “nobody deals with my report.” For procedures related to halting financial transactions after fraud, refer to item 2 in this section (immediately call 110 to request a freeze). In cases of online harassment, consult item 37 (secure evidence first before selecting appropriate legal measures).
Sources
- 全国人大 (2018). 刑事诉讼法(2018 年修正,第一百一十二、一百一十三条). https://flk.npc.gov.cn/detail?id=ff8080816f135f46016f1d1b81b01351
- 公安部 (2020). 关于修改《公安机关办理刑事案件程序规定》的决定(公安部令第 159 号)及修正后全文. http://www.gov.cn/gongbao/content/2020/content_5549884.htm
- 公安部 (2013/2019 修正). 公安机关办理行政案件程序规定(公安部令第 125 号,第 149 号修改决定). http://www.gov.cn/gongbao/content/2013/content_2321117.htm、http://www.gov.cn/zhengce/zhengceku/2018-12/31/content_5428593.htm
- 国务院 (2011). 公安机关督察条例(国务院令第 603 号,第九条). https://www.gov.cn/zhengce/zhengceku/2011-09/08/content_6138.htm
8.40 Don’t give money or cards to investigators, law enforcers: offering bribes is a crime, and bribing oversight, law enforcement, and judicial staff is punished even more severely
- Money No cost
- Time Minutes
- Willpower None
- Benefit Big
- Measured in Freedom
- In plain terms
“Paying a little money to smooth things over” is a standalone offense under criminal law; the person who gives the money is sentenced too. Offering bribes carries a sentence of up to 3 years in prison; for more serious cases, the term is 3 to 10 years, and for especially grave cases, 10 years or more, or life imprisonment. Bribing oversight, administrative law enforcement, and judicial staff falls under the explicitly stipulated category of aggravated offenses. However, if someone is coerced into paying money but fails to obtain any improper benefits, this does not count as bribery.
- Cost
No cost at all — you just have to refrain from doing it.
- Benefit
Article 389 of the Criminal Law defines bribery as “offering property to state functionaries with the intent to obtain improper benefits.” The same article also states that “in economic transactions, offering relatively large amounts of property to state functionaries in violation of state regulations, or providing them with rebates or handling fees under various pretexts in breach of state regulations, shall be treated as bribery.” An exception is also outlined: “Offering property to state functionaries under coercion without obtaining any improper benefits does not constitute bribery.” Sentencing guidelines are laid out in Article 390 of the Criminal Law (amended by Amendment XII to the Criminal Law, effective March 1, 2024). It reads: “Those convicted of bribery shall be sentenced to up to 3 years in prison or criminal detention, and also fined; if they obtain improper benefits through bribery, and the circumstances are serious, or if they cause substantial losses to national interests, they shall be sentenced to 3 to 10 years in prison and fined; for especially grave circumstances, or when especially substantial losses are inflicted on national interests, they shall be sentenced to 10 years or more in prison or life imprisonment, and also fined or have their property confiscated.” There are seven circumstances that warrant aggravated sentencing: (1) repeated bribery or offering bribes to multiple people; (2) bribery by state functionaries; (3) bribery related to national key projects or major undertakings; (4) bribery aimed at securing job promotions or rank adjustments; (5) bribery of oversight, administrative law enforcement, and judicial staff; (6) bribery in sectors such as ecological conservation, finance, work safety, food and drug regulation, disaster prevention and relief, social security, education, and healthcare, which facilitates other illegal acts; (7) using illicit gains to pay bribes. An additional provision allows for mitigated punishment or exemption for those who voluntarily confess to their bribery acts prior to prosecution: “Those who voluntarily confess to bribery prior to being investigated may receive a lighter or mitigated punishment; where their crime is relatively minor, or it plays a key role in breaking through an investigation or solving a major case, or they perform major meritorious service, punishment may be mitigated or waived” (nationwide application).
- Notes
The sole beneficiary of this rule is yourself. Do not expect bribery to exempt you from punishment. These officials have colleagues, official ledgers, surveillance systems, and oversight bodies; any bribes you give become evidence against you when they are investigated, and this type of bribery is explicitly classified as an aggravated offense. If an official demands bribes from you, follow the procedures in item 39 (ask for a case-acceptance receipt on the spot when you report): request a case acceptance receipt on the spot, then report the incident to oversight bodies or disciplinary inspection agencies. The exemption clause in Paragraph 3 of Article 389 of the Criminal Law applies only when you are coerced into paying money and obtain no improper benefits; if you gain any unearned advantages through bribery, this exemption no longer applies. Rules governing “red envelopes” in hospitals are separate, as detailed in Section 24, item 11.
Sources
- 全国人大常委会. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第三百八十九条. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92
- 全国人大常委会 (2023). 中华人民共和国刑法修正案(十二)(第五项,修改刑法第三百九十条
- 自 2024 年 3 月 1 日起施行). https://flk.npc.gov.cn/detail?id=ff8081818c3ce31f018cb6a6bc412f55
8.41 For calls and in-person talks where things might turn sour, start recording right away: you can record conversations you personally take part in without needing prior consent from the other party
- Money No cost
- Time Minutes
- Willpower None
- Benefit Medium
- Measured in Money
- In plain terms
When it comes to loans, debts, compensation, refunds, or labor disputes, misunderstandings can arise months later even if everything was discussed clearly on the phone with no written record. You can record conversations you take part in yourself. Not telling the other party beforehand will not, on that ground alone, stop the recording being used as evidence. What you must not do is eavesdrop, spy on someone’s private life, break into their home to record secretly, or coerce them into speaking.
- Cost
There’s no cost involved. Simply turn on the call recording feature on your phone or use a recording app. Record the entire conversation, then keep the original file untouched — do not edit or overwrite it.
- Benefit
Article 66 of the Civil Procedure Law lists audio/video recordings and electronic data as admissible evidence. Article 106 of the Supreme People’s Court’s judicial interpretation further specifies that only three types of evidence are excluded: those obtained by seriously infringing on someone’s legal rights, those obtained in violation of statutory prohibitions, and those obtained in blatant breach of public order and good morals. “Failing to inform the other party beforehand” does not fall under any of these categories. According to Article 15 of the Supreme People’s Court’s Provisions on Evidence, to use a recording as evidence, you must submit its original medium — such as the original phone used to record it. Article 90 states that audio/video recordings or electronic data with any doubts attached cannot be used alone to determine facts. A published article by a judge on the Supreme People’s Court website also confirms that recordings must be obtained lawfully, remain unedited, be factually accurate, and be relevant to the case at hand.
- Notes
The primary beneficiaries of this practice are you and your family members. Aim to include clear references to people, events, amounts of money, and timing in your recordings. Instead of simply asking “When will you pay me back?”, you might naturally ask, “Out of the 50,000 yuan I lent you last year, when do you plan to repay it?” Submit such recordings only to courts, arbitration panels, or police authorities; posting them online risks privacy and defamation issues — see item 16 (no abuse or rumours online). Having a recording does not guarantee a favorable verdict; courts still evaluate its authenticity and relevance alongside other evidence. This advice addresses only “whether it can serve as evidence,” while deciding whether to actually file a lawsuit and estimating associated costs are separate considerations. For documents to preserve prior to leaving a job, refer to Section 19, item 8. Please note that the rules outlined here apply specifically to civil litigation; separate regulations govern evidence use in criminal and administrative cases.
Sources
- 全国人大常委会 (2023 年修正,2024 年 1 月 1 日施行). 民事诉讼法(第六十六条). 上海市发展和改革委员会转载全文 https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html
- 最高人民法院 (2022 年第二次修正). 关于适用《中华人民共和国民事诉讼法》的解释(第一百零六条). https://www.court.gov.cn/fabu/xiangqing/353651.html
- 最高人民法院 (2019 年修正). 关于民事诉讼证据的若干规定(第十四、十五、九十条). https://www.court.gov.cn/zixun/xiangqing/212721.html
- 刘丹妮 (2023). 电影《消失的她》中的法律(人民法院报,最高人民法院官网转载). https://www.court.gov.cn/zixun/xiangqing/406032.html
8.42 In an emergency at the scene, first film a wide shot, then capture the spatial relationships, and finally record the damage and injuries — keep the original photos and videos
- Money No cost
- Time Minutes
- Willpower None
- Benefit Medium
- Measured in Money
- In plain terms
If you only film close-ups of a single scratch on a car or an isolated object on the ground, later on no one will know where they originally were. Begin by recording a wide shot that includes the intersection, door numbers, vehicles, people, and surroundings; then film how these elements relate to one another, and finally capture the details. If you must move objects or vehicles, film first if you can. Keep the original photos and videos on your phone — don’t rely solely on copies sent via messaging apps.
- Cost
No cost involved. Simply use your phone to film for some tens of seconds to a few minutes. First, ensure your own safety, and do not delay rescue or on-site handling.
- Benefit
Article 66 of the Civil Procedure Law lists physical evidence, audio-visual materials, and electronic data as admissible evidence. Article 14 of the Supreme People’s Court’s Provisions on Evidence classifies photographs, audio recordings, and videos as electronic data. Article 15 requires submission of the original electronic data; for video evidence, the original storage medium must be provided. Photos and videos preserve the scene exactly as it appears at the moment, allowing them to be cross-checked with police reports, repair records, medical records, and witness statements. The sequence “wide shot → spatial relationships → details” is a rule of thumb, not set by law (nationwide).
- Notes
The primary beneficiaries are you and your family. This grade C rating reflects that the filming sequence is merely a practical guideline; the legal provisions only state that photos and videos can serve as evidence and must be submitted in their original form. Should anyone be injured, there be a fire, gas leak, or other hazards, prioritize rescue and evacuation — do not delay these actions for the sake of taking pictures. For general actions at a traffic accident scene, refer to Item 1 in this section: “After a traffic accident, stop the vehicle, assist the injured, and call the police.”
Sources
- 全国人大常委会 (2023 年修正,2024 年 1 月 1 日施行). 民事诉讼法(第六十六条). 上海市发展和改革委员会转载全文 https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html
- 最高人民法院 (2019 年修正). 关于民事诉讼证据的若干规定(第十四、十五条). https://www.court.gov.cn/zixun/xiangqing/212721.html
8.43 Domestic violence: Call the police to get an incident report, then apply to court for a protection order — no divorce required and it’s free
- Money No cost
- Time Hours
- Willpower A lot
- Benefit Big
- Measured in Freedom
- In plain terms
According to data from many countries, over one third of all female homicide victims are killed by their partners — often as a final outcome of long-term abuse. Among women who have suffered physical abuse, those who have been strangled have a risk of later being murdered that is more than seven times higher than for women who were never strangled. Therefore, if you’ve been beaten, call the police right away and then apply for a protection order. Courts generally have to respond within 72 hours.
- Cost
There is no cost at all. Applying for a protection order involves no filing fees or bonds. The only expense is the time needed to call the police, get medical examinations, and fill out the application. The hardest part is actually telling your family about what happened.
- Benefit
First, the risks. A systematic review of data from 66 countries shows that in cases of female homicide, 38.6 % are committed by intimate partners, compared with 6.3 % for men. Researchers note that such killings often represent the final step in a pattern of prolonged abuse. Another study compared 506 cases of homicide and attempted homicide with 427 women who had been beaten but had no such event. Women who had been strangled by a partner had 6.70 times the chance of being the victim of attempted homicide (OR 6.70, 95 % CI 3.91–11.49) and 7.48 times the chance of being killed (OR 7.48, 95 % CI 4.53–12.35). Regarding legal protections, victims and their close relatives may call the police, who must intervene promptly, stop the abuse, gather evidence, and help arrange medical care and examinations. In less severe cases, police can issue a warning to the abuser. Any person facing domestic violence or a real threat of it may apply to court for a protection order; the court must decide within 72 hours, or within 24 hours if the situation is urgent. The order can forbid the abuser from using violence, harassing, stalking, or contacting the victim or her relatives, and may even require the abuser to leave the shared residence. Protection orders are valid for up to six months and can be renewed before they expire. No divorce is required to obtain one; the court can grant it when it finds there is “a relatively high possibility” of domestic violence. Violating a protection order can result in fines up to 1,000 yuan or detention for up to 15 days; where it is a crime, it is handled as the crime of refusing to carry out a judgment or ruling. Persistent humiliation, threats, stalking, harassment, and deliberate deprivation of food or warmth also count as domestic violence.
- Notes
The main beneficiaries are you and your family. The homicide statistics come from foreign studies; China does not publish comparable figures. Collect all relevant evidence: police reports, warning letters, medical examination results, medical records, written promises from the abuser, chat logs, and audio recordings (see item 41 of this section, recording). You do not need a lawyer to apply for a protection order; most applications are resolved within a few days. If you later wish to seek divorce or compensation, that is a separate lawsuit: at first instance the ordinary procedure is by regulation to be concluded within 6 months, which can be extended, and you pay your own lawyer fees. Domestic-violence victims may qualify for free legal aid, and courts can waive, reduce, or defer filing fees. A protection order does not guarantee absolute safety; if you feel immediate danger, call 110 right away. If a victim is too frightened or coerced to apply on her own, close relatives, police, women’s federations, residents’ committees, or villagers’ committees may file on her behalf. If you witness a stranger being abused, simply call 110; do not step in to pull them apart yourself; for the reason, see Section 13, item 37 (coming across a group fight). If the victim is a friend or colleague, you can go with them to report to the police and to the hospital. For how to write child support and visitation when you divorce, see Section 10, item 23 (child support and visitation).
Sources
- 全国人大常委会 (2015). 反家庭暴力法(第二、十三、十五、十六、十九、二十三、二十八、二十九、三十、三十四条). https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7f9d60889
- 最高人民法院 (2022). 关于办理人身安全保护令案件适用法律若干问题的规定(法释〔2022〕17 号,第一、三、六、十、十二条). https://www.court.gov.cn/zixun/xiangqing/366021.html
- 最高人民法院 (2016). 关于人身安全保护令案件相关程序问题的批复(法释〔2016〕15 号,第一、二项). 平原县人民法院转载全文 http://qdzy.sdcourt.gov.cn/dzpyfy/393141/393283/1461545/index.html
- Stöckl H 等 (2013). The global prevalence of intimate partner homicide: a systematic review. Lancet. https://doi.org/10.1016/S0140-6736(13)61030-2
- Glass N 等 (2008). Non-fatal strangulation is an important risk factor for homicide of women. Journal of Emergency Medicine. https://doi.org/10.1016/j.jemermed.2007.02.065
8.44 Family members have gambling debts — don’t rush to pay them: gambling debts aren’t legally protected, nor are loans taken for gambling considered joint marital debts
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
Money owed from gambling isn’t protected by courts. If a creditor knew the borrower would gamble with the money and lent it anyway, courts do not protect that loan either. Any debt incurred by one spouse for gambling purposes can’t be treated as a joint marital obligation. Without a court ruling, the non-borrowing spouse can’t be held responsible for repayment.
- Cost
No money is required. The hard part is resisting the urge to pay when creditors show up at your door and family members beg you to help. If creditors actually file a lawsuit, you must respond to it.
- Benefit
A 2017 notice from the Supreme People’s Court outlines four key points: Debts arising from illegal activities like gambling or drug use aren’t legally protected. Loans given to someone for such activities — where the creditor knew or should have known that the borrower would use it for gambling or drugs, also receive no legal protection. If one spouse takes out a loan in their own name for illegal acts and later tries to classify it as a joint marital debt, courts won’t approve this claim. Without a formal court trial, the non-borrowing spouse can’t be forced to bear any civil liability related to the debt (applies nationwide since 2017).
- Notes
This grade is assigned because the notice is an internal court directive with no quantifiable data, and proving creditor awareness requires separate evidence. Issued under the previous Marriage Law, its application under the Civil Code for determining joint marital debts is covered in Section 10, item 12 (large loans taken by a spouse). Even if creditors have no knowledge of the funds being used for gambling, the borrower alone remains responsible for repayment. To prove the money was used for gambling, you’ll need bank transfer records, gambling platform logs, or police case files — keep these documents on hand. If a lawsuit is filed, at first instance the ordinary procedure is by regulation to be concluded within 6 months, which can be extended; the summary procedure takes 3 months. Each party pays their own legal fees, with no obligation for the losing side to cover the other’s costs. For creditors harassing or detaining you, refer to Section 9, item 15 (debt collection rules) and call the police immediately. If the borrower is in such a desperate state they’re considering suicide, see Section 1, item 37 (if you have gambled to the point of borrowing to gamble again, call 12356 first). The main beneficiaries of these protections are spouses and immediate family members.
Sources
最高人民法院 (2017). 关于依法妥善审理涉及夫妻债务案件有关问题的通知(法〔2017〕48 号,第二、四条). https://www.court.gov.cn/fabu/xiangqing/36982.html
8.45 Don’t agree when an acquaintance asks you to “help by doing a facial scan or acting as a witness” to secure a loan, or to read out a verification code — this is known as “AB loan” fraud. In this scheme, you are the borrower, not a guarantor
- Money No cost
- Time Minutes
- Willpower Some
- Benefit Big
- Measured in Money
- In plain terms
What seems like a simple favor — “just doing a facial scan or acting as a witness” — actually means using your name to borrow money from a bank. You become the legal borrower, not a guarantor. Once the funds are transferred to your acquaintance, the bank still holds you responsible for repayment. The intermediary cheated you, but as long as the bank did not know, you cannot cancel the loan contract. Even a written promise from your friend stating “I’ll repay the loan” carries no legal weight against the bank.
- Cost
There’s no direct monetary cost. The real difficulty lies in politely refusing relatives or friends on the spot. Even if they insist “it’s just acting as a witness” or “you won’t bear any responsibility,” you must still decline. Never hand over your phone, ID card, or bank card to intermediaries, nor follow their instructions to perform facial scans or sign documents. Keep verification codes strictly for your own use — never read them out to acquaintances.
- Benefit
A 2022 risk warning from the Fujian office of the National Financial Regulatory Administration described this scheme. Client A lacked sufficient creditworthiness to qualify for a loan, so an intermediary suggested involving Client B — who had better financial standing — as a guarantor. In reality, the intermediary used B’s personal information to apply for the loan, which was then disbursed to A. Official documents stated that “Client B was effectively the borrower,” yet B remained unaware until receiving collection notices from the bank. A 2024 advisory from Shandong’s regulatory authority revealed that intermediaries often assure potential borrowers like B that “they bear no responsibility whatsoever.” They even coach B on how to respond to bank pre-loan inquiries, ultimately securing the loan in B’s name. In a 2024 case adjudicated by Shanghai’s Putuo District Court, a salesperson took B’s phone, downloaded a banking app, and applied for a loan directly in B’s name. The money reached B’s account, B transferred it to A, and A also paid over 80,000 yuan in fees. Eight members of the scam ring were convicted of contract fraud, receiving sentences ranging from 10 months to 4 years. Even with the intermediaries sentenced, the loan does not become anyone else’s. Article 149 of the Civil Code says that where a third party commits the fraud, the defrauded party can ask for rescission only if the other party “knew or should have known”. The other party here is the bank, and a bank that did not know cannot be made to cancel. A contract that can be rescinded must be challenged in court within 1 year from the day you learn you were deceived (Article 152). Borrowers remain bound by repayment terms per Article 675, and contracts legally bind only signatories (Article 465). Transferring debt obligations to another party requires explicit bank consent (Article 551). Consequently, any written assurances from A hold no sway over the bank. Victims must pursue legal action against A to recover funds. If you scanned your face for someone and did not read the contract, the court still recognizes the contract. In a case concluded in 2025 by the Shizhong District Court of Neijiang, Jiang (蒋某) borrowed from a small-loan company and could not borrow alone. The son of Zhang (张某), behind Zhang’s back, gave her identity information to Jiang so that she would be a co-borrower. The loan process required Zhang herself to scan her face. She did, but she did not read the contract. The court said she “should have foreseen the importance and legal consequences of face recognition”, and ordered her and Jiang to repay together the remaining principal of over 60,000 yuan. The Electronic Signature Law affirms that “reliable electronic signatures hold equal legal weight to handwritten signatures or seals.” Meanwhile, the Anti-Telecom and Online Fraud Law provides that no one may “provide real-name verification assistance”, with a fine for violation and detention in serious cases. At first instance the ordinary procedure is by regulation to be concluded within 6 months, which can be extended. Lawyer fees are not part of the statutory litigation costs and you pay them yourself (nationwide)
- Notes
This item benefits you yourself; the “A” who asks you is most likely family or a friend. A Shanghai Pudong chief prosecutor wrote that B often, out of consideration for feelings, goes along even though B knows the loan is B’s own, and ends up the bank’s collection target. If you really want to help, first ask what your status on the contract is; if it is a loan contract, do not sign. If you are willing to guarantee, sign a guarantee contract as the guarantor; see item 18 (guaranteeing for someone). If a loan has already been taken out in your name, report to the police first, then call the number on the lending bank’s official website to explain, and keep the chats and transfer records. To see how many loans are in your name, check your credit report; see item 9 (checking your credit report). At the bank’s pre-loan questions, do not answer as the intermediary taught you; falsifying may make you liable yourself; see Section 9, item 6 (packaging materials for a loan). Scanning your face and electronic confirmation generally also count as a signature; see item 17 (read the paper before you sign). Nor do courts always order the person to repay. The Guangzhou Internet Court decided a case in 2021. A woman whose ID card was stolen reported it to the police and reported the loss on the spot; the bank could not produce evidence that she herself had scanned her face, and lost. So if your ID is lost, report it to the police and report the loss at once, and keep the receipt. When an institution asks you to scan your face, you can ask for another way; that is a separate matter, see Section 14, item 9 (you do not have to agree to a face scan). For similar schemes that borrow your name, see item 28 (nominal legal representative). Do not lend out your phone or accounts; see item 8 (do not lend your bank card). It is graded B because the regulators give only the pattern and cases, and no statistics on the number of victims or the amounts.
Sources
- 国家金融监督管理总局福建监管局(原福建银保监局) (2022). 关于防范不良贷款中介新型套路的风险提示(2022 年 9 月 14 日). https://www.nfra.gov.cn/branch/fujian/view/pages/common/ItemDetail.html?docId=1072844&itemId=1104&generaltype=0
- 国家金融监督管理总局山东监管局 (2024). 风险提示:警惕非法贷款中介AB贷风险(2024 年 3 月 14 日). https://www.nfra.gov.cn/branch/shandong/view/pages/common/ItemDetail.html?docId=1154326&itemId=1269&generaltype=0
- 上海市普陀区人民法院 (2024). 以案释法:征信不好仍可办理大额贷款?小心「AB贷」陷阱. https://www.shpt.gov.cn/fyzx-fy/20240920/953017.html(上海市普陀区人民政府网转载)
- 唐逸飞 (2025). 有必要对「助贷中介套路欺诈」予以刑事规制. 检察日报理论版. https://www.spp.gov.cn/spp/llyj/202506/t20250607_697711.shtml(最高人民检察院官网)
- 全国人大 (2020). 民法典(第一百四十九、一百五十二、四百六十五、五百五十一、六百七十五条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
- 全国人大常委会 (2023 修正). 民事诉讼法(第一百五十二条). https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html(上海市发展改革委转载)
- 国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第六条). https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6929.htm
- 四川长安网(中共四川省委政法委员会主办,来源四川法治报)(2025). 一次「刷脸」让她背上数万元贷款 法院:当事人应当预见人脸识别的重要性及法律后果(2025 年 9 月 23 日). https://www.sichuanpeace.gov.cn/azsf/20250923/2992615.html
- 山西省忻州市中级人民法院(转载人民法院报)(2021). 一女子「被刷脸」办卡贷款后被起诉还钱(2021 年 8 月 19 日). https://sxxzzy.shanxify.gov.cn/article/detail/2021/08/id/6215123.shtml
- 全国人大常委会 (2019). 电子签名法(2019 年修正,第三、十三、十四、十五条). https://flk.npc.gov.cn/detail?id=ff8080816f135f46016f2163e4261aa1
- 全国人大常委会 (2022). 反电信网络诈骗法(第三十一、四十四条). https://www.spp.gov.cn/spp/fl/202209/t20220902_575631.shtml
8.46 Install proper locks on doors and windows and an outdoor motion-sensor light; always actually lock them: these steps help prevent burglary, but a single alarm alone won’t do much
- Money Low
- Time Minutes
- Willpower Some
- Benefit Medium
- Measured in Money
- In plain terms
British data shows that homes with both door and window locks have only about one-twelfth the burglary rate of homes with no such measures. Adding an outdoor motion-sensor light further reduces that risk to roughly one-thirtieth. Installing just an alarm, without any other measures, provides little to no protection. These steps guard against theft, not against a robbery when someone is already inside the house.
- Cost
Replacing a door lock with one that requires a key to re-lock, adding window locks, and installing a motion-sensor light outside generally costs from a few dozen to a few hundred yuan. A whole new security door costs a thousand yuan or more. The real challenge is remembering to actually lock everything each time you leave — even in summer when windows stay open.
- Benefit
A crime survey in England and Wales asked 37,416 households between 2008 and 2012 which security measures they had installed, then compared those figures with actual burglary rates. Households with nothing installed made up just 4.9 % of all respondents yet accounted for 36.6 % of burglary victims. The researchers calculated a “protection factor” — how many times lower the burglary risk becomes compared to homes with no measures at all. Door and window locks together give a protection factor of 12.54, cutting the risk to roughly one-twelfth. Here “door locks” refers to double-bolted locks or deadbolts that need a key to retract. Adding an outdoor motion-sensor or timer-controlled light raises that factor to 34.41; adding indoor timer lights pushes it to 49. An outdoor light alone offers only about a 3-fold benefit, while a door lock alone gives roughly a 2.8-fold improvement. Window locks alone show no measurable effect. Installing all five measures does not yield a noticeably greater benefit than using the three most effective ones. Conversely, homes that install only an alarm actually experience a higher burglary rate than those with no measures at all; even fake alarm boxes seem to increase the chance of an attempted break-in. The key is actually locking everything: from 1993 to 2006/07, forced-entry burglaries — where thieves pried locks, broke windows or kicked in doors — fell from 31 to 7 per 1,000 households, a 77 % drop. In contrast, burglaries where the door or window was left unlocked and the intruder simply walked in stayed at 7 per 1,000 households throughout the same period (England and Wales).
- Notes
Disputed: There is some debate regarding alarms: the same authors previously found, using data from 1992-1996, that alarms did lower burglary risk. They caution that this contradictory finding may reflect selection bias — perhaps only households that had already been burglarized later installed alarms. All figures pertain to the UK and compare households with and without certain measures; no randomized controlled trials were conducted, which is why the evidence grade is B. These statistics apply solely to burglary; no data show that door locks stop a robbery in the home. If a stranger does enter while you are inside, retreat to a safe area and call the police (see item 10: when a conflict starts, call the police and do not fight). Should escape be impossible, you may use reasonable force to protect yourself (see item 11: you may fight back against an attack you cannot escape). Tenants should obtain landlord permission before changing locks or adding window locks; under civil law the landlord may demand restoration to the original state or compensation. When buying a security door, look for compliance with the mandatory national standard GB 17565-2022, effective from 1 January 2024; the primary beneficiaries are you and your family.
Sources
- Tseloni A, Thompson R, Grove L, Tilley N, Farrell G (2017). The effectiveness of burglary security devices. Security Journal 30(2):646–664. https://doi.org/10.1057/sj.2014.30
- Tilley N, Thompson R, Farrell G, Grove L, Tseloni A (2015). Do burglar alarms increase burglary risk? A counter-intuitive finding and possible explanations. Crime Prevention and Community Safety 17(1):1–19. https://doi.org/10.1057/cpcs.2014.17
- Tseloni A, Farrell G, Thompson R, Evans E, Tilley N (2017). Domestic burglary drop and the security hypothesis. Crime Science 6:3. https://doi.org/10.1186/s40163-017-0064-2
- 国家市场监督管理总局、国家标准化管理委员会 (2022). GB 17565-2022 防盗安全门通用技术条件. https://openstd.samr.gov.cn/bzgk/gb/newGbInfo?hcno=A75C1C66CB989D0A40BFA7A262C93290
- 全国人大 (2020). 民法典(第七百一十五条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml