9 Legal red lines ordinary people often cross

Those who deliberately spread rumors or make false reports of dangers, epidemics, disasters or police incidents and disrupt public order can be detained for 5 to 10 days and fined up to 1,000 yuan. For less serious cases, the penalty is detention for up to 5 days or a fine under 1,000 yuan. Making up fake reports of dangers, epidemics, disasters or police incidents and posting them online carries up to 3 years in prison. Knowingly passing on such false content also falls in this tier. This applies only when the actions cause significant disruption to social order, as defined by law. If serious consequences arise, the sentence rises to 3 to 7 years nationwide.

Insulting or fabricating facts to harm a hero or martyr’s name, likeness, reputation, or honor in a way that damages the public interest is punished as follows. Detention for 5 to 10 days, or a fine of 1000 to 3000 yuan. Desecrating or denying their deeds and spirit, or making and spreading speech, images, or audiovisual material that glorifies wars of aggression and disrupts public order, falls in the same band. The heavier band is detention for 10 to 15 days, and a further fine of up to 5000 yuan may be added. At “serious circumstances” it becomes a crime, punishable by up to 3 years. Publicly insulting the national flag or emblem, or altering the anthem’s words or music or singing it in a distorted, demeaning way, when circumstances are serious, also brings up to 3 years. Official case: Xiao posted 2 messages insulting Yuan Longping in a 499-person villagers’ WeChat group and was sentenced to 6 months of public surveillance. Public surveillance is a penalty that does not send you to prison but restricts your movement. Qiu used a Weibo account with over 2500000 (250余万) followers to post 2 items distorting the deeds of border-defense soldiers, was sentenced to 8 months, and had to apologize publicly in national media (nationwide)

Using rumor, defamation, or other means to incite others to subvert state power or overthrow the socialist system brings up to 5 years. Ringleaders (the statute’s term) or those whose crimes are major get 5 years or more; fixed-term imprisonment tops out at 15 years. Inciting secession or undermining national unity carries the same terms. Doing either in collusion with foreign institutions, organizations, or individuals is punished more heavily. Institutions, organizations, or individuals at home or abroad who fund others to do so: those directly responsible get up to 5 years; when circumstances are serious, 5 years or more. Stealing, spying out, buying, or illegally providing state secrets or intelligence for foreign institutions, organizations, or persons brings 5 to 10 years. Within that item, especially serious circumstances bring 10 years or more or life imprisonment; lighter circumstances bring up to 5 years. Crimes endangering national security always add deprivation of political rights for 1 to 5 years, during which voting rights and eligibility for public office are cancelled. Confiscation of property may also be imposed, taking personal property for the state. Administrative rules also apply. No individual or organization may use the network to engage in activities that endanger national security, honor, or interests. Nor may they incite subversion of state power or overthrow of the socialist system. Nor may they incite secession or undermine national unity. Publishing or transmitting such information is punished under the relevant laws and administrative regulations (nationwide). Another class does not need dissemination to be complete. Knowingly and illegally holding material that promotes terrorism or extremism, when circumstances are serious, is enough for a conviction. That material includes books, audio-video materials, or other items. The term is up to 3 years of fixed-term imprisonment, criminal detention (short custody), or public surveillance (not locked up but movement restricted). A fine is imposed together with or instead of imprisonment — sentenced and fined, or only fined. The basis is Criminal Law Article 120-6, added by Amendment IX.

Disseminating obscene information online brings detention for 10 to 15 days, and a further fine of up to 5000 yuan may be added. This article does not say how many times you must send. In the same law, the item that punishes harassing others with messages expressly requires “repeated sending.” The lighter band is detention for up to 5 days, or a fine of 1000 to 3000 yuan. Content involving minors is punished more heavily. Disseminating obscene articles at the “serious circumstances” level brings up to 2 years. Selling or disseminating for profit brings up to 3 years plus a fine. Within that item, serious circumstances bring 3 to 10 years; especially serious, 10 years or more or life imprisonment. Building a group mainly to disseminate obscene electronic information, with 30 or more members, is handled as a crime. Causing serious consequences is the same. The founder, admins, and main posters are all convicted of disseminating obscene articles (nationwide)

Knowingly helping to transfer, buy, sell, or otherwise conceal money or property from crime brings up to 3 years, with a fine imposed together with or instead of imprisonment (sentenced and fined, or only fined). Official case: Wang followed instructions, brought an ID card and 1 bank card to a designated place, helped with transfers and withdrawals, and earned a little over 500 yuan. Prosecutors did not charge him; police detained him for 10 days under the Anti-Telecom and Online Fraud Law and fined 1000 yuan. Man handed his and others’ bank cards and phone cards to a gang for collecting, transferring, and cashing out, was sentenced to 2 years 3 months, and fined 22,000 yuan (nationwide). Moving it out as crypto is the same. An and two others, on a fraud gang’s instructions, took money on their own bank cards. On a trading platform they bought virtual currency with the money and transferred it to accounts the other side named, taking a cut by ratio. More than 500,000 yuan (50余万) of victims’ cheated funds was verified among it. The three were each sentenced for concealing criminal proceeds to between 2 years 8 months and 3 years 3 months, and each fined 30000 to 40,000 yuan (Beijing Tongzhou)

Using deception to obtain a loan, bill acceptance, a letter of credit, a letter of guarantee or the like from a bank or other financial institution, and causing the bank or other financial institution major losses, is punished with up to 3 years, and also or only a fine (a fine on top of the sentence, or a fine alone). Causing especially major losses or other especially serious circumstances: 3 to 7 years and a fine. The police open a case for investigation at a direct economic loss of 500,000 yuan or more. If you never meant to repay, and you got a loan by inventing a reason such as a fund-introduction project, a false economic contract, false documents or a false property certificate, that is the crime of loan fraud. This one is filed at 50,000 yuan obtained, with up to 5 years and a fine of 20,000 to 200,000 yuan. A huge amount or other serious circumstances: 5 to 10 years; an especially huge amount: 10 years or more, up to life imprisonment. Forging, altering or trading official documents, certificates or seals of state organs: up to 3 years; serious circumstances: 3 to 10 years. Official case: a gang of 126 people in 16 provinces and cities dressed jobless people up as “prime customers” and cheated more than 30 million yuan of loans at over 80 bank branches. The “white-record” people (白户, people with no credit record) who fronted the loans took 30% of the loan amount as a fee. The procuratorate pursued 105 of these “white-record” people. Of the 80 sentenced at first instance in 2026, 76 were sentenced for loan fraud to 1 year 4 months to 6 years 6 months, and fined. Another 4 people, because they withdrew cash for the gang, were sentenced for loan fraud and money laundering combined (the sentences for the two crimes are worked out together). These 4 got 2 years 4 months to 7 years 6 months (nationwide). The crime of obtaining a loan by deception (骗取贷款罪) in this item follows the text of Criminal Law Amendment (XI), in force from March 2021.

Found property should be returned to the owner: notify them promptly to collect it, or deliver it to public security or another department. Keeping someone else’s left property for yourself, when the amount reaches “relatively large” and you refuse to hand it over, is the crime of embezzlement, punishable by up to 2 years. When the amount is huge, 2 to 5 years. Taking someone else’s found credit card to an ATM counts as “fraudulently using another’s credit card.” “Credit card” in the Criminal Law, per the NPC Standing Committee’s 2004 interpretation, means electronic payment cards issued by banks and other financial institutions. Having all or some of the functions of consumer payment, credit lending, transfer and settlement, and depositing and withdrawing cash is enough. So ordinary bank cards that can deposit and withdraw cash are included. When it reaches a crime, it is handled as credit-card fraud: a relatively large amount brings up to 5 years plus a fine of 20000 to 200,000 yuan. A huge amount or other serious circumstances bring 5 to 10 years plus a fine of 50000 to 500,000 yuan (nationwide)

Defrauding others or public property of a relatively large amount brings up to 3 years, with a fine imposed together with or instead of imprisonment (sentenced and fined, or only fined). A huge amount or other serious circumstances bring 3 to 10 years plus a fine. An especially huge amount or other especially serious circumstances bring 10 years or more or life imprisonment, plus a fine or confiscation of property. The three bands — relatively large, huge, and especially huge — are set by each province within these ranges. Relatively large is 3000 yuan to 10,000 yuan or more. Huge is 30,000 yuan to 100,000 yuan or more; especially huge is 500,000 yuan or more. Teaching methods to others or selling “tutorials” is sentenced as imparting criminal methods, up to 5 years; serious circumstances, 5 to 10 years; especially serious, 10 years or more or life imprisonment. Upstream and downstream traders in phone numbers and verification codes are sentenced for infringing citizens’ personal information, up to 3 years; especially serious, 3 to 7 years. Mass accounts, systems that auto-switch network addresses, and platforms that bulk-receive SMS codes are themselves expressly banned by Article 14 of the Anti-Telecom and Online Fraud Law. Illegal buying, selling, renting, or lending of phone cards and internet accounts, and helping others pass real-name checks, fall under Article 31. Violating Article 14: all earnings are confiscated, then a fine of 1 to 10 times earnings. If there were no earnings, or earnings under 50,000 yuan, a fine of up to 500,000 yuan; when circumstances are serious, detention for up to 15 days as well. Violating Article 31: the fine is likewise 1 to 10 times; if no earnings or earnings under 20,000 yuan, a fine of up to 200,000 yuan; when circumstances are serious, detention for up to 15 days as well. Taking part in telecom and online fraud short of a criminal sentence: detention for 10 to 15 days. Earnings are confiscated, then a fine of 1 to 10 times. If no earnings or earnings under 10,000 yuan, a fine of up to 100,000 yuan. Official case 1: Delivery rider Liu bought virtual phone numbers at 0.1 yuan each and registered as a new user on a platform. He claimed new-user coupons of 29 minus 15, placed orders, and resold goods to small shops for cash. He also used virtual numbers to invite each other and claim rewards of 2 to 20 yuan. He and rider Tan respectively obtained over 90,000 yuan and over 70,000 yuan. The Shanghai Yangpu procuratorate charged 12 people with fraud; courts sentenced from 3 years 6 months down to 3 months of criminal detention. Official case 2: Wang exploited the timing gap between shop refunds and reclaiming virtual lottery coins. He refunded 1156 times, withdrew 224 figure items, amounting to over 249,000 yuan. He also cashed out on a second-hand platform; the court sentenced him for fraud to 3 years suspended for 4 years, plus a fine of 30,000 yuan. During the proceedings he returned the proceeds and prepaid the fine, totaling 330,000 yuan. Official case 3: A ride-hailing platform’s new-user coupons and driver subsidies were taken by fake trips of “ordering and accepting your own rides,” spanning over 70 cities in 19 provinces, for over 2,000,000 yuan. The Chaoyang Longcheng procuratorate in Liaoning charged 163 people; all were convicted. Principals Huang and Cai were sentenced for fraud, infringing citizens’ personal information, and imparting criminal methods together (sentences for several crimes reckoned jointly) to 3 years 6 months each. Another 34 minor accessories were not prosecuted but still referred to police for administrative punishment (nationwide)

Throwing objects down from upstairs or another height, whenever there is a risk of injuring people, damaging property, or endangering public safety, can bring detention for up to 5 days or a fine of up to 1000 yuan. When circumstances are serious, detention for 10 to 15 days, and a further fine of up to 1000 yuan may be added. When circumstances are serious enough for the crime of throwing objects from a height, up to 1 year, with a fine imposed together with or instead of imprisonment (sentenced and fined, or only fined). Injuring or killing someone is handled under heavier charges. Official case: Li, drunk on the 21st floor, threw empty bottles and glass cups onto a playground below, seriously injured a 13-year-old student at level 2 serious injury, and was sentenced to 10 years for endangering public safety by dangerous means. Zhou threw 8 bricks from the 32nd floor into a crowd and killed 1 person; in 2024 the Supreme People’s Court approved the death sentence (nationwide)

Possessing or privately hiding firearms without a permit brings up to 3 years; when circumstances are serious, 3 to 7 years. Non-standard guns that cannot fire service ammunition are still classified as firearms whenever muzzle specific energy is at or above 1.8 joules per square centimeter. Muzzle specific energy is the energy per square centimeter the projectile carries as it leaves the barrel. Many BB guns and air guns bought online exceed that figure. Since 2018 the Supreme People’s Court and Supreme People’s Procuratorate have required that for air guns with relatively low specific energy, conviction be decided only after a combined assessment of appearance, material, price, use, whether the person knew, and so on. Official case: Zhao and spouse sold “toy guns” at a market; 43 were seized, of which 18 met firearm standards on appraisal. Because there was not enough evidence they knew the items were firearms, charges were dropped for doubt (nationwide)

Operators who fly without registration may be ordered to correct the issue and face fines up to 200 yuan; serious cases can lead to fines of 2,000–20,000 yuan. Flying micro, light, or small drones in restricted airspace without approval results in an order to cease flight and a fine of up to 500 yuan; in severe cases, the drone is confiscated and fines of 1,000–10,000 yuan apply. Flying in violation of airspace management rules, in more serious cases, brings detention for 5–10 days. Official examples include: Li paid to bypass altitude limits, flew a drone to nearly 3,000 meters to photograph clouds and posted the footage online, and was detained for 5 days. Zhang helped others bypass altitude and no-fly zone limits more than 20 times, earning over 15,000 yuan, and was convicted of providing programs or tools used to illegally access or control computer systems, sentenced to 6 months in prison with a 1-year probation period, and fined (nationwide, effective January 2024).

Peeping, secretly filming, eavesdropping, or spreading another’s privacy brings detention for up to 5 days or a fine of up to 1000 yuan. When circumstances are heavier, detention for 5 to 10 days, and a further fine of up to 1000 yuan may be added. Illegally using dedicated eavesdropping or covert-photography equipment and causing serious consequences brings up to 2 years. Dedicated eavesdropping or covert-photography equipment means devices made for secret listening or filming. Official case: Yan and Yan bought covert-photography gear online, installed it in multiple rooms at three hotels for remote filming, and were sentenced to 1 year 3 months and 1 year. Civil Code Article 1033 adds another layer: except where the law provides otherwise or the person clearly consents, no one may “enter, film, or peep into another’s residence, hotel room, or other private space,” nor “film, peep at, eavesdrop on, or publicize another’s private activities” (nationwide)

Providing facilities or services for gambling in order to make money, or taking part in gambling with relatively large stakes, can lead to up to 5 days in detention or a fine of up to 1,000 yuan. In more serious cases the penalty rises to 10–15 days in detention and a fine of 1,000–5,000 yuan. Organizing gambling sessions for profit or relying on gambling as a livelihood can result in up to 3 years in prison and a fine. Casino operators face up to 5 years in prison and a fine; in serious cases, 5–10 years (nationwide).

Eating nationally key-protected wild animals, or buying them to eat, means the items are confiscated and a fine of 2 to 20 times their value. Breeding nationally key-protected wild animals without a permit: confiscation plus a fine of 1 to 10 times. Illegally purchasing, transporting, or selling nationally key-protected precious or endangered wild animals and their products brings up to 5 years plus a fine. Within that item, serious circumstances bring 5 to 10 years; especially serious, 10 years or more. Hunting, purchasing, transporting, or selling other terrestrial wild animals in order to eat them, when circumstances are serious, brings up to 3 years. Official case: Farmer Wang and 2 others sold over 40 captive-bred Fischer’s lovebirds (national class II protection) for a total under 400 yuan. In 2021 the procuratorate decided not to prosecute. From 2022 the Supreme People’s Court and Supreme People’s Procuratorate made clear that when captive-breeding technology is mature, already at scale, and the animals are bought, sold, or transported as pets, the matter is generally not handled as a crime (nationwide). Wild plants have a separate offense. Illegally felling or destroying nationally key-protected plants, or purchasing, transporting, processing, or selling those plants and products, all fall under it. Up to 3 years plus a fine; when circumstances are serious, 3 to 7 years. A 2023 Supreme People’s Court interpretation set the threshold. One plant of a national class I wild plant, or 2 of class II, or value of 20,000 yuan or more, is enough to convict. Class I at 5 plants, class II at 10, or value of 200,000 yuan or more, counts as serious circumstances. Buyers count only if they knew the plants were illegally dug. On the 2021 list, all species of cliff cypress and of the yew genus are class I. All species of the orchid genus Cymbidium (兰属) are class II; Chunlan (春兰), Huilan (蕙兰), and Lianbanlan (莲瓣兰) are among them. Within that genus only rabbit-ear orchid (兔耳兰) is off the list; 美花兰 (Cymbidium insigne) and 文山红柱兰 (Cymbidium wenshanense) are class I. Digging and transplanting home is still convicted as illegal felling; sentencing may weigh that it was transplanting. Artificially cultivated plants do not count, except ancient and famous trees. Official case: In Nanzhao, Henan, someone in 2022 dug 3 wild orchid plants on a hillside and posted a video wanting to sell. He got 6 months of criminal detention, suspended for 10 months, and a fine of 3000 yuan. In Suizhou, Hubei, a group dug over 30000 wild Chunlan and Huilan plants over more than two years. In 2025 one of them got 1 year 7 months, suspended for 2 years (nationwide)

Illegally restricting another person’s freedom, unlawfully entering their home, or conducting unauthorized searches leads to 10–15 days of detention and fines of 1,000–2,000 yuan. Less severe cases incur 5–10 days of detention and fines under 1,000 yuan. Illegal imprisonment is punishable by up to 3 years in prison, short-term detention, restricted movement, or loss of political rights. Severe injury or death brings 3–10 years or 10+ years respectively. These same penalties apply even when debt collection is legitimate (nationwide).

Lending, renting, or transferring one’s resident ID card to another person results in a warning and a fine of up to 200 yuan. Using someone else’s ID card or an ID card obtained fraudulently carries a fine of 200–1,000 yuan or detention for up to 10 days. The same penalties apply to buying, selling, or using forged or altered ID cards. Some situations legally require presentation of identification; using forged, altered, or another person’s documents without right in such cases can lead to criminal sentencing when the circumstances are serious. Such documents include ID cards, passports, social insurance cards, and driver’s licenses. Penalties may include detention (short-term imprisonment) or surveillance (restrictions on movement without imprisonment), with a fine in addition, or a fine alone (a fine on top of the sentence, or a fine only) (nationwide)

Obstructing state personnel carrying out official duties according to law carries a warning or a fine of up to 500 yuan; serious cases bring detention for 5 to 10 days, and a further fine of up to 1,000 yuan may be added. Obstructing people’s police is punished more heavily. Committing violent acts against officers performing their duties is punishable by up to 3 years in prison; seriously endangering an officer’s safety with firearms or controlled knives, or by ramming with a vehicle and the like, brings 3 to 7 years. Biting, slapping, kicking, tackling or throwing objects counts as “violent assault” only if it causes minor injury or worse. Ordinary resistance such as shaking off a hand, breaking free or kicking the legs does not count (nationwide).

Sexual relations with a young girl under 14 years of age are treated as rape and punished more heavily; the baseline term is 3 to 10 years. The Supreme People’s Court’s line is this: when violence, coercion, or other force is used, rape is found whether or not you knew the other person was a young girl. Without force, for anyone under 12 it is always found you “ought to have known.” From 12 to 14, if physical development, speech and manner, clothing, and the like show they may be a young girl and you still proceed, you are found to have “known.” The “truly did not know” exception is applied very strictly (nationwide)

Hitting or intentionally injuring someone brings detention for 5 to 10 days plus a fine of 500 to 1000 yuan. Hitting in a group, hitting people with disabilities, pregnant women, the elderly, or children, hitting repeatedly, or hitting several people at once brings detention for 10 to 15 days plus a fine of 1000 to 2000 yuan. Causing minor injury is intentional injury, punishable by up to 3 years of fixed-term imprisonment, criminal detention (short custody), or public surveillance (not locked up but movement restricted). Causing serious injury brings 3 to 10 years. Civilly you also pay medical costs, lost wages (pay missed from work), nursing costs, transport, hospital meal allowance, and nutrition. Disabling someone adds disability compensation. Disability compensation is the prior year’s average urban disposable income where the trial court sits, times 20 years. For injured persons aged 60 or more, subtract one year per year of age; at 75 or more, use 5 years. In 2022 procuratorates nationwide accepted over 70000 (7万余) minor-injury cases, mostly from marriage, family, or neighbor disputes or chance events. Supreme People’s Procuratorate typical case: Lu broke three of the other person’s ribs (minor injury level 2), paid 113,000 yuan to reach a settlement, and obtained non-prosecution. Shi broke the other person’s radius (minor injury level 2), did not pay, and got 10 months of fixed-term imprisonment (nationwide; Public Security Administration Punishment Law in force from 1 January 2026)

Criminal Law Article 240: “Whoever traffics in women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.” With aggravating circumstances, fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property. “If the circumstances are especially serious, the offender shall be sentenced to death and also to confiscation of property.” Article 17 of the Opinions on Lawfully Punishing Crimes of Trafficking in Women and Children explains how to distinguish selling one’s own child from folk placement. The test is “whether the actor has a purpose of illegal profit” — whether they meant to make money from it. Three situations can be found to be selling one’s own child and convicted as trafficking in women or children. First: “using childbirth as a means of illegal profit and selling the child right after birth.” Second: “knowing the other side has no purpose of raising the child, or giving no thought to whether they do, and ‘giving’ the child to another in order to take money.” Third: “taking a huge sum that clearly is not a ‘nutrition fee’ or ‘thanks fee’ and ‘giving’ the child to another.” Conversely, privately placing a child under genuine hardship without a profit motive, and taking only a small nutrition or thanks fee, is folk placement and is not convicted as trafficking. Next, Criminal Law Article 261. “Whoever refuses to fulfill the duty to support an elderly person, a young person, a sick person, or another person who cannot live independently, under egregious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance.” Civil Code Article 1094 provides that only three kinds of person may place a child for adoption: the guardian of an orphan, a child welfare institution, and birth parents who have special difficulty and cannot raise the child. Article 1105: “Adoption shall be registered with the civil affairs department of the people’s government at or above the county level. The adoption relationship is established as of the date of registration”

Criminal Law Article 198 lists five situations. (1) The policyholder deliberately fabricates the subject of insurance — invents an insured object that does not exist. (2) The policyholder, insured, or beneficiary invents a false cause for an insurance accident that occurred, or inflates the degree of loss. (3) Fabricating an insurance accident that never occurred. (4) The policyholder or insured deliberately causing an insurance accident that damages property. (5) The policyholder or beneficiary deliberately causing the insured’s death, disability, or illness. For a relatively large amount: fixed-term imprisonment of not more than 5 years or criminal detention, and a fine of not less than 10,000 yuan and not more than 100,000 yuan. For a huge amount or other serious circumstances: 5 to 10 years, and a fine of 20000 to 200,000 yuan. For an especially huge amount or other especially serious circumstances: 10 years or more, and a fine of 20000 to 200,000 yuan or confiscation of property. The last paragraph of this article covers helpers: appraisers, witnesses, and property assessors in an insurance accident. If they deliberately issue false proving documents and create conditions for someone else’s fraud, they are treated as accomplices to insurance fraud and convicted with the fraudster. Repairers are not among those three roles, but if they agree with you to fake it, they are handled as a joint crime. Criminal Law Article 25: “A joint crime means an intentional crime committed jointly by two or more persons.” Beijing Changping court reported in 2021 that motor-vehicle insurance fraud cases concluded since 2019 were “mainly joint crimes, with auto-repair shops a key industry for the offenses.” Insurance Law Article 27: if no insurance accident occurred but one is falsely claimed, the insurer may terminate the contract and need not refund the premium. Using forged or altered proving materials, or inventing a false accident cause or inflating the degree of loss: the insurer need not pay the overstated part. What was already paid must be returned or compensated. Case: In the Zhang case in Xuancheng, Anhui, Wang and 7 others were sentenced for insurance fraud to fixed-term imprisonment from 4 years down to 2 years, each also fined 10,000 yuan. The case also led to a false lawsuit. The insurer assessed loss at 20,000 yuan; the parties used a forged vehicle-transfer agreement to gain standing to sue, and the court ordered payment of over 70,000 yuan (7万余). That already-effective civil judgment was vacated on retrial on 26 September 2019. The Measures for Anti-Insurance-Fraud Work require risk-information checks at both ends that sell policies and pay claims (underwriting and claims). They also call for exploring a multi-line industry anti-fraud information platform and an anti-fraud intelligence center. Those platforms centrally screen data suspicious for fraud; leads go to industry associations, anti-fraud organizations, and insurers for verification. When crime is suspected, report promptly to public security. The financial regulator and its local offices are to build sound links between administrative enforcement and criminal justice. The link targets public security, people’s procuratorates, and people’s courts (nationwide; issued 31 July 2024)

Article 5 of the Regulations on Human Organ Donation and Transplantation: “No organization or individual may buy or sell human organs in any form, or engage in activities related to buying or selling human organs.” Article 10: “No organization or individual may obtain living organs from a citizen under 18 years of age for transplant.” Article 11: “Recipients of living organs are limited to the living donor’s spouse, direct blood relatives, or collateral blood relatives within three generations.” Article 37 sets how buying and selling human organs are punished. Buying or selling human organs or engaging in related activities is handled by the health department of the local people’s government at county level or above. First confiscate the illegal gains — take all money from the deal. Then fine not less than 10 times and not more than 20 times the transaction amount. Medical staff who take part have their practice certificates revoked and are barred for life from health services. If a crime is constituted, criminal liability is pursued according to law (nationwide; in force from 1 May 2024; the former Regulations on Human Organ Transplantation are repealed at the same time). Criminal Law Article 234-1: “Whoever organizes another person to sell a human organ shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, to fixed-term imprisonment of not less than five years and shall also be fined or have property confiscated.” Three further situations are convicted and punished under Articles 234 and 232. One is removing someone’s organ without their consent. Two is removing an organ from a person under eighteen. Three is forcing or deceiving someone into donating an organ. These are handled as intentional injury or intentional homicide. Case 1: The Beijing No. 1 Intermediate People’s Court finally judged Zheng Wei and 14 others (15 people in all) on 20 August 2014; the case involved 51 kidneys and over 10,340,000 yuan (1034万余) in amounts. Kidney sellers (donors) “received only remuneration ranging from 20000 to 25,000 yuan.” The patient side (recipients) paid “formerly 180000 or 190,000 yuan (18万 or 19万) per kidney, later 210000 or 220,000 yuan (21万 or 22万).” The harvest site was a four-story building rented for 7500 yuan a month; the gang’s head nurse said the place was “filthy and chaotic, without even rescue equipment.” Organizer Zheng was sentenced to 12 years for organizing the sale of human organs; the other 14 got from 3 years 6 months to 9 years. Case 2: The “teen sold a kidney for an Apple phone” case published by the Supreme People’s Procuratorate. Seventeen-year-old Wang had his right kidney removed in Chenzhou on the night of 28 April 2011. The surgery site was a contracted department inside a hospital without transplant qualifications. On discharge on 2 May he received 22,000 yuan; the recipient side paid intermediaries 150,000 yuan RMB and 10000 US dollars; the principal made over 56,000 yuan (5.6万余). After surgery Wang had incomplete kidney function; “the injury constituted serious injury and grade-three disability”

Public Security Administration Punishment Law Article 78: for prostitution or solicitation of prostitution, detention of not less than ten days and not more than fifteen days, and a fine of not more than five thousand yuan may be imposed as well. When circumstances are relatively light, detention of not more than five days or a fine of not more than one thousand yuan. Soliciting customers in a public place: detention of not more than five days or a fine of not more than one thousand yuan. Article 79: luring, harboring, or introducing another to prostitution: detention of not less than ten days and not more than fifteen days, and a fine of not more than five thousand yuan may be imposed as well. When circumstances are relatively light, detention of not more than five days or a fine of not less than one thousand yuan and not more than two thousand yuan. Article 87: staff of hotels, food and drink businesses, cultural entertainment businesses, taxis, and similar units who tip off offenders when police investigate prostitution or solicitation, or who otherwise provide conditions for those activities: detention of not less than ten days and not more than fifteen days. Criminal Law Article 360 is the crime of spreading sexually transmitted disease: knowingly having syphilis, gonorrhea, or another serious STD and engaging in prostitution or solicitation brings fixed-term imprisonment of not more than five years, criminal detention, or public surveillance, and a fine (nationwide; Public Security Administration Punishment Law in force from 1 January 2026)

First, civil. Among the rights copyright law gives authors is the right of translation — turning a work from one language into another. There is also the right of information-network dissemination — putting a work online so the public can see it anytime, anywhere. Translating another’s work without permission is infringement. Putting a work online without permission is also infringement. Infringers must stop the infringement and compensate losses. Only using another’s already published work for personal study, research, or appreciation needs no permission and no payment. How much to pay: first reckon the rightsholder’s actual loss or what you earned. If neither can be reckoned, the court sets it between 500 yuan and 5,000,000 yuan. Intentional infringement with serious circumstances can be ordered at 1 to 5 times. Reasonable expenses the rightsholder spent to stop the infringement are paid together. Next, criminal. The premise of Criminal Law Article 217 is “for the purpose of profit.” Putting another’s work online for the public to see without permission, once the threshold is met, is the crime of infringing copyright. Up to 3 years, with a fine at the same time, or only a fine. A huge amount or especially serious circumstances: 3 to 10 years plus a fine. What counts as for profit: besides selling, hanging paid ads on a page counts; collecting registration or other fees under a membership system also counts. Service fees, membership fees, and ad fees collected all count as illegal gains. The criminal threshold is met by hitting any one of the following. Illegal gains of 30,000 yuan or more. Illegal business volume of 50,000 yuan or more — in the Renren Yingshi case that was total income from membership fees, ads, and selling hard drives. Disseminating another’s works online totaling 500 pieces (titles) or more. Downloaded 10000 times or more, or clicked 100000 times or more. Disseminating under a membership system with 1000 or more registered members. If none of these is reached but two items each reach half or more, that also counts. Ten times these figures moves into the 3-to-10-year band. The fine is generally 1 to 10 times illegal gains. Official case 1: Liang Yongping and others downloaded unauthorized films and shows from foreign sites, organized translation and subtitles, and uploaded them. The titles were on the “Renren Yingshi subtitle group” site and client for online viewing and download. The site held 32824 unauthorized audiovisual works and over 6830000 members. From January 2018 to January 2021 it took over 2,700,000 yuan in membership fees and over 8,800,000 yuan in ad fees. Selling mobile hard drives loaded with films earned another over 1,000,000 yuan. The site hung a “donation” QR code; donating unlocked membership benefits. Prosecutors found that was membership fees under another name. On 22 November 2021 Liang was sentenced to 3 years 6 months and fined 1,500,000 yuan. Another 14 people got from 1 year 6 months to 3 years, all suspended, with fines of 40000 to 350,000 yuan. Official case 2: Ke used crawler software to grab playback addresses for over 50000 films and shows, put them on his own site and app for free viewing, sold ads by impressions on the splash screen, and earned over 350,000 yuan. In 2023 he got 3 years, suspended for 4 years, and a fine of 400,000 yuan. Official case 3: Huang rented servers at home and built a music-download forum. He uploaded over 100000 songs into 18 cloud drives and posted links on the forum. Members topped up for forum coins to get links and extract codes. Member top-ups totaled over 500,000 yuan. In 2023 he got 3 years, suspended for 4 years, and a fine of 550,000 yuan (nationwide; judicial interpretation in force from 26 April 2025)

Jiang Nan’s novel This Side of Youth used the character names from Jin Yong’s novels, such as Guo Jing, Huang Rong, Qiao Feng and Linghu Chong. The book tells the stories of these people on a university campus. When it was published in 2002, the subtitle was “The College Years of the Heroes from The Legend of the Condor Heroes”. By the time of the suit the book had come out in several editions, with more than a million copies distributed. In 2016 Jin Yong sued Jiang Nan and the publisher, claiming 5 million yuan. The first instance held that there was no copyright infringement. Its reasoning: without the specific plot, character names, relationships and personalities alone are hard to count as protected specific expression. But the first instance found that Jiang Nan drew readers by borrowing the original’s fame, which was unfair competition. Taking 30% of the 5.6 million yuan in royalties across the years, it awarded 1.68 million yuan, plus 200,000 yuan in lawyer fees. The second instance, heard by the Guangzhou Intellectual Property Court, changed the judgment to copyright infringement. The second instance held that the plots of the two books are not substantially similar, that is, the plot was not copied. But the “character ensemble” of more than 60 characters taken together, with their names, personalities, relationships and backgrounds, is Jin Yong’s selection and arrangement. That is expression protected by copyright law, and Jiang Nan infringed the copyright of four Jin Yong novels. The subtitle, deliberately tied to The Legend of the Condor Heroes, additionally constituted unfair competition. The second instance ordered Jiang Nan to stop the unfair competition, publish a newspaper notice to remove its effects, and pay 1.68 million yuan and reasonable expenses of 200,000 yuan. Two publishing and distribution companies bore joint liability for 330,000 yuan of it, that is, they must pay that part together. The second instance did not order an end to the infringement, but required that any later reprint pay 30% of the reprint royalty income to the rights holder of the original. After the second instance both sides applied to the Guangdong High People’s Court for a retrial. On September 19, 2025, the parties reached a settlement presided over by the Guangdong High Court. In the settlement the parties agreed not to characterize the matter as “plagiarism”. Jiang Nan acknowledged that when he wrote he lacked knowledge of copyright law and did not obtain Jin Yong’s adaptation permission beforehand, which harmed Jin Yong. Jiang Nan agreed not to reprint the book as it was. For any later reprint he will no longer use the original character names or related content from Jin Yong’s works. The parties confirmed that the subtitle constituted unfair competition. The compensation ordered at the second instance has already been paid by Jiang Nan. Once the mediation statement was signed for, the original first-instance and second-instance judgments no longer had legal effect. The defendant in another case was Zhang Muye, author of Ghost Blows Out the Light (《鬼吹灯》), pen name Tianxia Bachang. In 2006 he transferred all the property rights in the copyright of this series of novels to Shanghai Xuanting Entertainment Information Technology Co., Ltd. Later he authorized the publication of a new book, Mojin Xiaowei (《摸金校尉》), which used the character names, character relationships and tomb-robbing rules of Ghost Blows Out the Light. The cover of the new book used the poster of the film Mojin: The Lost Legend (《寻龙诀》), a film adapted from Ghost Blows Out the Light. Xuanting sued, claiming 20 million yuan. The Shanghai Pudong court held that the new book had its own independent plot and did not infringe copyright. But the cover led readers to think the book was connected with the original of Mojin: The Lost Legend, which constituted false advertising. The court ordered the two publishing and distribution companies to pay 900,000 yuan, with the publishing house bearing joint liability for 600,000 yuan of it; the second instance upheld this. In the statute, the adaptation right is the right to change a work and create a new work with originality. Using a work by adaptation, translation, annotation and the like without the copyright owner’s permission brings civil liability for stopping the infringement, compensating losses and the like (nationwide)

First, Public Security Administration Punishment Law Article 38. Illegally carrying crossbows, daggers, or other state-controlled implements: detention for up to 5 days, and a further fine of up to 1000 yuan may be imposed. When circumstances are relatively light, a warning or a fine of up to 500 yuan. Taking them into a public place or public transport: detention for 5 to 10 days, and a further fine of up to 1000 yuan may be imposed. Criminal Law Article 130 is heavier. Illegally carrying controlled knives into a public place or public transport, endangering public safety with serious circumstances, brings up to 3 years. Which knives are controlled knives is listed in five classes in the Ministry of Public Security’s 2007 identification standard. Class one is the dagger: hilt, guard, and blood groove, tip angle under 60 degrees. Class two is the triangular scraper. Class three is the spring knife with a self-locking device, commonly called a jump knife. Class four is a knife with tip angle under 60 degrees and blade over 150 millimeters. Class five is a knife with tip angle over 60 degrees and blade over 220 millimeters. Unsharpened martial-arts and craft gift knives with the tip rounded off do not count. The police baton is police equipment. The People’s Police Law provides that police equipment may only be held and used by police. Others who hold it: confiscation, detention for up to 15 days or a warning, and a further fine of up to 5 times illegal gains may be imposed. The railway banned-items list treats batons, tear gas, stun devices, and defense devices as controlled implements. On trains these may not be carried or checked as luggage. The road-passenger banned-items list likewise treats tear gas and stun devices as controlled implements; they may not be carried on long-distance coaches. Whether stun devices may be held in ordinary life: the Shanghai municipal procuratorate published a 2013 case. Four people sold stun devices to drivers at an intersection and were sentenced for illegally buying and selling police equipment to fixed-term imprisonment from 1 year 3 months down to 6 months. The procuratorate cited two Ministry of Public Security circulars. On those circulars, “this kind of stun device is a state-controlled implement and also a kind of police equipment.” The procuratorate also wrote that such stun devices “are prohibited items domestically; individuals are banned from producing, selling, and holding them.” Prosecutors separately said high-concentration spray defense products are police equipment and ordinary residents generally cannot buy them. Leaving them in the car can still be found: someone drove through a checkpoint with controlled knives, was found by officers, and got administrative detention. When they are actually used, see the guidance on justifiable defense. It lists “whether a lethal instrument was used or prepared” as one factor distinguishing defense from mutual fighting. Official case: Yang argued with someone who threatened to bring people for revenge; he went home and hid two knives on himself. The other person came back and hit his face once with an empty hand; he stabbed the chest and abdomen with a knife; the other person died. The court found a defensive character, but the other side had only hit with empty hands and he stabbed vital parts, so it was excessive defense. He was sentenced to 4 years for intentional injury (nationwide; Public Security Administration Punishment Law in force from 1 January 2026)

Criminal Law Article 340: harvesting aquatic products in a closed zone or closed season, or with banned tools or methods, when circumstances are serious, brings up to 3 years of fixed-term imprisonment, criminal detention, public surveillance, or a fine. A 2022 two-high judicial interpretation states what counts as “serious circumstances”; any one of the following is enough. Illegally harvesting 500 kilograms or more in inland waters, or value of 10,000 yuan or more. Harvesting 50 kilograms or more, or value of 1000 yuan or more, inside an aquatic germplasm reserve. Harvesting in a closed zone by electrofishing, poisoning, blasting, or similar methods. Harvesting in a closed season by those methods. The same article leaves an opening: when quantity, value, and tools show harm is clearly relatively light, non-prosecution or exemption from criminal punishment is possible. Next, the Fisheries Law, revised in 2025 and in force from 1 May 2026. It bans harvesting in violation of closed-zone and closed-season rules, and bans angling in violation. It bans harvesting by blasting, poisoning, or electrofishing, and bans taking such devices into fishery waters. Harvesting with banned gear or nets below the minimum mesh size is likewise banned. Penalties are set thus: for electrofishing, poisoning, or blasting fish — confiscate tools, catch, and illegal gains, and fine up to 200,000 yuan. When circumstances are serious, fine 200000 to 2,000,000 yuan. Merely taking electrofishing gear into fishery waters — confiscate the tools, and a fine of up to 100,000 yuan may be imposed. Harvesting in violation of closed-zone or closed-season rules, or with banned gear — fine up to 200,000 yuan. Angling in violation in a closed zone or closed season — confiscate catch, illegal gains, and gear, and a fine of up to 50,000 yuan may be imposed. The Yangtze has another layer: the Yangtze Protection Law provides a full ban on productive harvesting of natural fishery resources in key waters such as the main stem, important tributaries, and large lakes connected to the river. The Yangtze ten-year fishing ban is counted from 1 January 2021. Harvesting in banned waters: confiscate catch, illegal gains, and boats and gear, and fine 10000 to 50,000 yuan. Electrofishing, poisoning, or blasting: fine 50000 to 500,000 yuan. Official case: Li, knowing the Jiangdu Jiajiang stretch of the Yangtze in Yangzhou was a closed zone, still ran a speedboat with an inverter to electrofish. From January 2018 to April 2019 he electrofished over 60 times, took over 900 jin of wild fish and sold them, making 9000 yuan. He surrendered, returned illegal gains, and released a first batch of fry, yet was still sentenced to 1 year of fixed-term imprisonment for illegally harvesting aquatic products. Under a settlement he also had to apologize publicly in provincial media and release fry worth 25,000 yuan and 22,500 yuan in two batches. In another Supreme People’s Court guiding case, 8 people fished 30 or 40 times with gill nets and homemade electric grids in the East Dongting Lake no-fishing zone. Their terms ranged from 3 months of criminal detention suspended up to 1 year 1 month of fixed-term imprisonment. Illegal gains of 100,000 yuan were all recovered (nationwide; Fisheries Law in force from 1 May 2026)

The Regulations on Forest and Grassland Fire Prevention and Fighting take effect on 1 January 2026; the former Forest Fire Prevention Regulations and Grassland Fire Prevention Regulations are repealed at the same time. Article 27: during fire-prevention season, open fire outdoors in fire-prevention zones is banned; no one may discard ignition sources in a fire-prevention zone. In high heat, drought, or strong wind, local governments may order a total ban on all outdoor fire use. Article 54: using outdoor fire in a fire-prevention zone without approval during fire-prevention season — order a stop. Individuals are fined 300 to 5000 yuan; units 20000 to 100,000 yuan. Article 34: anyone who finds a forest or grassland fire situation shall report it at once. The Ministry of Emergency Management states the nationwide unified forest-fire number is 12119. Once it burns and the filing threshold is met, it is a criminal case. Criminal Law Article 115 paragraph 2 is the crime of negligently causing a fire: negligently causing a fire brings 3 to 7 years; when circumstances are lighter, up to 3 years or criminal detention. Among filing standards, one item is tied directly to mountain fire. Burning 2 hectares of forested land, or 4 hectares of sparse woodland, shrubland, young plantation, or nursery, requires filing. One death, 3 serious injuries, 500,000 yuan in direct loss, or burning houses of 10 households also meets filing. In a Xinhua piece carried by the National Forestry and Grassland Administration, experts said human causes such as ritual and farm fire account for over nine tenths of ignition causes. In historical data, ritual fire ranked first. Official case 1: In February 2021 Xie burned paper money at a grave in the Qilian Mountain National Nature Reserve and ignited weeds and shrubs. The burned area was 39.2156 hectares, mostly natural shrubland. After the fire he called to report, fought it with others, and turned himself in — counted as surrender. He had already replanted 9420 Qinghai spruce elsewhere. Even so he was sentenced for negligently causing a fire to 1 year of fixed-term imprisonment, suspended for 2 years. The court also ordered him to afforest 32.05 hectares in three stages, or pay the assessed amount if unfinished. Official case 2: In May 2022 Wang took part in a folk rite and lit ritual “weisang” offerings with a lighter. He covered the fire with stones, left without confirming it was out. The embers ignited dry grass, burned 121.69 mu, with loss of about 469,000 yuan (exact 468,578 yuan). He got 9 months of fixed-term imprisonment, suspended for 1 year 6 months. He must replant per the plan, or bear 986,700 yuan in restoration costs if unfinished (nationwide; Regulations in force from 1 January 2026)

Criminal Law Article 284-1 covers four acts, on the premise of a “state examination prescribed by law.” Organizing cheating: up to 3 years or criminal detention, with a fine imposed together with or instead of imprisonment. When circumstances are serious: 3 to 7 years. Providing cheating gear or other help to organizers is sentenced in the same band. Selling or giving answers for cheating is also sentenced in the same band. Taking a test for someone else, or hiring someone to take it for you, is the crime of substituting in an examination: criminal detention or public surveillance, with a fine imposed together with or instead of imprisonment. Which exams count follows a 2019 two-high judicial interpretation. The gaokao, graduate entrance exam, self-taught higher education exams, and adult gaokao count; central and local civil-service exams count. Qualification exams such as the legal professional qualification, teacher qualification, CPA, physician, and constructor also count. The Supreme People’s Court wrote in 2024 that driving-license exams also belong to this class. Organizing cheating in the gaokao, graduate entrance exam, or civil-service exam is treated as “serious circumstances” directly. Organizing 30 person-times or more, or illegal gains of 300,000 yuan or more, also counts. Being caught before the exam starts but already having obtained question answers still counts as a completed crime. Incomplete or partly wrong answers sold do not block conviction. Lighter proxy-exam circumstances may get a suspended sentence; minor ones may not be prosecuted. Supreme People’s Court statistics: from November 2015 to April 2024, these three crimes sentenced 11,146 people. Short of a crime, each exam’s own rules apply. In national education exams, using devices to receive answers or hiring a proxy voids the score and can bar you from testing for 1 to 3 years. In civil-service exams, proxy exams or taking part in organized cheating cancel exam eligibility, go into the integrity file as a long-term record. Those already hired are dismissed or expelled when found. Driving-license exam cheating: cancel exam eligibility, void subjects already passed, fine up to 2000 yuan, and no new license application for a year. Taking a driving test for someone else: your own license is cancelled, and you cannot reapply for 3 years. Official case 1: Zhang’s gang used composite photos and fake IDs to have “gunners” take civil-service and other state exams for candidates 89 times. Three principals got 5 years to 5 years 6 months. Eighteen candidates who hired gunners were sentenced for substituting in an examination to 2 to 4 months of criminal detention and fined 30000 to 100,000 yuan. Those who became civil servants through a proxy exam were dismissed from public office. Official case 2: A driving-school boss from 2017 to 2023 organized trainees to cheat in driving tests. Methods included altering exam-system data, having coaches take the test, and giving trainees earphones for remote prompts. The boss, together with bribery, got 6 years 6 months; the other 23 got from 6 months to 1 year 10 months (nationwide)