# 8. Protect yourself: legal rights and property safety This section deals with money and personal freedom rather than life expectancy. It covers three main points: what legal responsibilities you must fulfill, how much compensation you can avoid by following those rules, and what procedural rights you have if something goes wrong. All clause numbers have been cross‑checked against the official texts. The items are ordered so that those with the biggest potential losses and the easiest preventive measures appear first; items that require advance planning come next; finally, those based purely on experience without any official backing are listed last. ### 1. After a traffic accident, stop, help the injured, and call the police — don’t flee - Cost: No cost at all. Stopping, turning on hazard lights, helping the injured, and calling the police will take 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. - 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 you won’t be allowed to retake the test for life. 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 dollars out of pocket. Staying on the scene to help and call the police only takes a couple of hours. - 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 license revocation for life. 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 rises to more than 7 years. Insurance won’t help either: both collision damage coverage and third‑party liability policies exclude any claims arising from “hit‑and‑run,” “intentional tampering with or falsifying the scene,” or “destruction of evidence,” leaving you responsible for any compensation costs (nationwide). - Evidence grade: A - 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）. （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）. ；全国人大 (1997). 刑法（第一百三十三条）. ；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）. - 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 information cited comes from standard industry clauses; the actual coverage you receive depends on the specific terms of your own policy. ### 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 - 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. - In plain terms: The brief period right after money is sent is the only window of opportunity. 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, it becomes almost impossible to recover. 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. - 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) - Evidence grade: A - Sources:全国人大常委会 (2022). 反电信网络诈骗法（第二十、三十四条）. ；福建省公安厅 (2023). 96110 来电，请务必接听. （省级公安机关页面） - 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. ### 3. Remember the core anti-fraud rules: don’t trust unsolicited calls, don’t share personal information, don’t click on suspicious links, and always verify any transfer requests. All seven of the most common scam types follow this same pattern - 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 the official hotline to verify. The hard part is that scammers often pressure you to act immediately — you must resist that pressure and hang up first. - In plain terms: 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 the official number to verify. The seven most common scam types are fake “task reward” schemes, fraudulent investment offers, fake loan scams, impersonation of customer service agents, impersonation of police or judicial officials, romance scams, and fake “task reward” schemes involving seduction. All of them aim to get you to send money first. Spotting them in advance is far cheaper than trying to recover lost funds later. - Benefit: By law, government agencies and relevant departments must inform the public about common tactics used in telecom and online fraud. Public security authorities, together with financial, telecom, and internet regulators, run a nationwide early warning and prevention system to reach out to people at risk of being scammed. 96110 is this unified national hotline for such warnings — you should always answer calls from it. According to a June 2026 report from the Ministry of Public Security, the top 10 most common scam types account for 85% of all telecom fraud cases. Fake “task reward” schemes are the most prevalent, making up 25% of all cases. Fraudulent investment offers cause the greatest financial losses, accounting for roughly 40% of total fraud-related losses. The Fujian Provincial Public Security Department has outlined specific identifying features for each type. For fake “task reward” schemes: “Anyone urging you to join a money-making scheme is likely trying to take your money; they won’t refund your initial deposit unless you complete endless tasks.” For fraudulent investment offers: “Fake promoters post fake profit reports in online groups; they give small initial returns to encourage you to invest more, then demand ‘taxes’ before allowing any withdrawals.” For fake loan scams: “Legitimate loans never require upfront deposits or proof of bank transactions; any such requests are a red flag.” For impersonation of customer service agents: “They claim you have an active membership that will incur automatic fees and harm your credit score, pressuring you to transfer money to cancel it.” For impersonation of police or judicial officials: “No legitimate police or judicial agency has any so-called ‘safe accounts’; any ‘law enforcement’ contact via phone, QQ, WeChat, or online platforms is a scam.” For romance scams: “Never trust anyone you’ve only met via photos or video calls; they often invent urgent reasons to ask for money without ever agreeing to a video chat or in-person meeting.” For seduction-based “task reward” schemes: “They arrange a meeting first, then demand you complete ‘tasks’ that require ever-larger payments.” Spotting these scams early is far cheaper than trying to reverse unauthorized transfers later. How much money you can recover depends on whether it remains in your account at the time of reporting; for details on how to request a transfer reversal, see section 2 (call 110 or 96110 to request a reversal). (Nationwide, effective December 2022) - Evidence grade: B - 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）. ；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%」. ；福建省公安厅 (2023). 96110 来电，请务必接听. （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 ；投资理财 ；贷款 ；冒充客服 ；冒充公检法 ；杀猪盘 ；色诱刷单 - 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. ### 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 - 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. - 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. - 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 remove, alter, or hide such labels. However, since scammers rarely follow these rules, the absence of a label cannot be taken as proof that the caller is genuine. The Criminal Investigation Bureau reported one case where a 14-member gang produced over 50000 synthetic face videos and collected more than 500000 pieces of personal information; police also seized 60 cloud servers nationwide. This labeling requirement took effect on September 1, 2025. - Evidence grade: B - Sources:公安部网安局 (2025). 眼见≠为实，警惕 AI 新型诈骗！（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）. ；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）. ；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？（福建省公安厅转载） - 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, refer to section 2 of this chapter and call 110 immediately to request a stop on the payment. 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. ### 5. If accused or summoned, hire a lawyer first — don’t settle privately or delete records - 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. - 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. - 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. Repeated summonses must not be used to detain someone indefinitely. 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 wage for workers. - Evidence grade: A - 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）. ；全国人大 (1997). 刑法（第二百四十三条）. ；全国人大常委会 (2012). 国家赔偿法（2012 年修正，第十七、三十三条）. （国家统计局转载） - 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. If a report or accusation later proves unfounded, this does not constitute false accusation or entrapment. This rule applies equally to all accused individuals regardless of gender. For further details, see Section 33 (punishing those who fabricate facts), Section 34 (acquittal when evidence is insufficient and subsequent appeals), and Section 35 (daily state compensation after unlawful detention). ### 6. Coming forward voluntarily after an incident: Self‑surrender can cut a sentence by up to 40%, and the “statute of limitations” defense simply does not exist - Cost: There is no cost at all. You can walk into a police station, stay on the scene and call the authorities, then tell them exactly what happened. The hard part is resisting the urge to “wait and see — maybe no one will notice.” - 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 capped at 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. The relevant sentencing rules have been in effect since 2021. - Benefit: Article 67 of the Criminal Law states that anyone who voluntarily surrenders and truthfully confesses their crime receives a lighter or reduced sentence; those guilty of minor offenses may be exempted entirely. Even without surrender, a sincere confession can still earn a penalty cut; if it prevents especially grave consequences, the reduction can be even greater. Official sentencing guidelines set clear percentage ranges: voluntary surrender can lower the baseline sentence by up to 40% (or more for minor crimes), while a simple confession brings a reduction of up to 20%. Additional factors such as admitting to related, un‑discovered crimes or averting serious harm can add another 10‑50% cut. Plea agreements also grant up to 30% relief, and when combined with surrender, restitution, compensation and other mitigating circumstances the total reduction may exceed 60% (or even lead to full exemption for minor offenses). Conversely, the statute of limitations is divided into four tiers — 5, 10, 15 and 20 years — based on the maximum possible penalty (Article 87). However, Article 88 explicitly states that once an investigation or prosecution is underway, any attempt to evade it renders the time spent in hiding irrelevant; the clock never stops. - Evidence grade: A - 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. ；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. ；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. - Notes: The primary beneficiary of this provision is the offender himself. Self‑surrender is a mitigating factor, not a blanket pardon; the exact reduction is left to judicial discretion, and stricter limits apply to violent and drug‑related crimes. Traffic‑accident cases follow a separate rule: staying at the scene, rendering aid and reporting the incident counts as voluntary surrender, yet because these actions are legally required, the permissible reduction is limited. Even if a driver flees first and later turns himself in, he still qualifies as a surrenderer; the baseline sentence used for calculation is the higher statutory maximum, and the subsequent reduction follows the same percentages described above (see Section 1 for proper post‑accident conduct: stop, help, call police). Consulting a lawyer does not conflict with a truthful confession; the attorney’s role is to verify that the written statement accurately reflects the facts, not to help fabricate a story. ### 7. Don’t touch the steering wheel after drinking — even for e‑bikes or “just moving the car a bit” - 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. - In plain terms: Driving after drinking results in a 6‑month suspension of your license and a fine of 1000–2000 yuan. A second offense brings up to 10 days in jail and permanent license revocation. Drunk driving leads to immediate license cancellation; you can’t reapply for 5 years and may face criminal charges for dangerous driving, leaving a criminal record that affects background checks and certain jobs. Auto insurance won’t cover any claims: once you’ve been drinking, your policy becomes void. Even “just moving the car a bit” counts as driving. - Benefit: Temporary suspension of the license for 6 months and a fine ranging from 1000 to 2000 yuan for driving after drinking. Repeat offenders face up to 10 days in jail and permanent license revocation. Drunk driving results in immediate license cancellation; reapplication is prohibited for 5 years, and criminal liability for dangerous driving is pursued, leading to imprisonment and monetary penalties. For commercial drivers the penalties are harsher: 15 days in jail, a 5000‑yuan fine, and a 5‑year ban on driving commercially; drunk driving entails a 10‑year ban, after which they can never drive commercially again. If drinking or being drunk leads to a major accident and a criminal conviction, driving privileges are revoked for life. Commercial auto insurance policies explicitly exclude any claims arising from driving under the influence of alcohol or drugs (nationwide). - Evidence grade: A - Sources:全国人大常委会 (2021). 道路交通安全法（2021 年修订，第九十一条）. （北京市公安交通管理局转载）；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）. ；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）. - Notes: Drunk driving is a criminal offense that leaves a permanent record, affecting both background checks and eligibility for certain professions. The distinction between “drinking” and “being drunk” is defined by blood alcohol concentration levels set by national standards; this section does not verify those exact figures, so don’t guess where you fall on that scale. ### 8. Never lend your bank cards, SIM cards, or payment accounts to anyone — “money laundering” is not a side hustle - Cost: Zero. Some people claim “just lend your card for a few transactions and you’ll get a few hundred yuan” — just say no. - In plain terms: Renting, lending, or selling your bank cards, SIM cards, or payment accounts is illegal on its own. Penalties include confiscation of all illegal earnings plus a fine of 1 to 10 times that amount; if no earnings were made, the maximum fine is 200000 yuan. In serious cases, offenders face up to 15 days in detention, a negative credit record, and restrictions on account functionality. If you knowingly assist criminals by receiving or transferring money using these accounts, you could be convicted of aiding information network criminal activities, punishable by up to 3 years in prison. - Benefit: Engaging in any activity that involves renting, lending, or selling phone cards, bank accounts, payment accounts, or internet accounts is illegal. Authorities confiscate all illegal earnings and impose a fine of 1 to 10 times that amount; if no earnings exist, the maximum fine is 200000 yuan. Serious violations lead to detention of up to 15 days, a negative credit record, account restrictions, and suspension of all non-counter banking services. Knowingly providing payment settlement assistance to criminals constitutes aiding information network criminal activities (known as “helping information network crimes”), punishable by up to 3 years in prison and a fine nationwide. - Evidence grade: A - 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）. ；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）. - 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 unusually large transaction volumes 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. ### 9. Checking your credit report twice a year for free helps spot any loans or cards you didn’t apply for - Cost: It costs nothing. You can complete the check online in just ten minutes. - 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. - Benefit: Regulatory rules 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 after the underlying issue is resolved; 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. - Evidence grade: A - 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）. - 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. ### 10. If a fight breaks out, call the police first — the one who strikes first almost always loses - 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. - 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 fight each other, it does not qualify as self-defense — the person who strikes first almost always suffers the consequences. Moving to a crowded area and calling the police is far more effective than retaliating. - 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 vulnerable groups, 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 treated as hooliganism, carrying a maximum penalty of 15 days in jail and a 2000 yuan fine. 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 uses excessive force, 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). - Evidence grade: A - 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）. ；全国人大 (1997). 刑法（第二十、二百三十四条）. ；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）. - 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 any further retaliation is no longer considered self-defense. ### 11. You may defend yourself against an unavoidable attack, but only strike the person who is actually attacking — stop when he stops - Cost: Legal fees start at several thousand yuan; those with financial difficulties may apply for legal aid. The main cost comes afterward: you’ll often be initially charged with intentional injury, required to cooperate with investigations, and sometimes detained for up to ten days. The challenge is staying composed during this period. - In plain terms: To protect yourself or others from an ongoing attack, it is legally acceptable to intervene and injure the attacker. If someone is committing murder, robbery, rape, kidnapping, or any other violent crime, harming 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 the court ultimately rules in your favor, the process is far from easy; many people are first charged and detained for several days. In total, 47 individuals have been recognized as acting in self-defense under these circumstances. - Benefit: Criminal law defines what constitutes legitimate self-defense. When national interests, public welfare, or your own or another person’s life, property, and other rights are under unlawful attack, intervening to injure the aggressor qualifies as self-defense and carries no criminal liability. The law also states: “If self-defense clearly exceeds necessary limits and causes serious harm, criminal responsibility applies, though punishment may be mitigated or waived.” Additionally: “In cases of ongoing violent crimes such as murder, robbery, rape, kidnapping, or other acts seriously threatening personal safety, any defensive actions resulting in injury or death of the aggressor do not constitute excessive defense and incur no criminal liability.” Official guidelines further clarify these boundaries: both “clearly exceeding necessary limits” and “causing serious harm” must be present for it to be deemed excessive; causing only minor injuries does not count. Defense must be directed solely at the aggressor; using lethal force against minor offenses is not permitted. Real-world examples include the Yu Haiming case (2018), where initial charges were later dropped after a ruling of self-defense, and the Chen case, where a student’s defensive actions were similarly recognized as lawful. A total of 45 cases have been officially documented as falling under this category. - Evidence grade: A - Sources:全国人大 (1997). 刑法（第二十条）. ；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）. ；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）. ；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 - 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, preserve any surveillance footage and witnesses, and consult a lawyer before any police questioning. If charges are eventually dropped or you are acquitted, you may seek state compensation for detention days, as outlined in item 35. Defending others is also legally permitted, though intervening in unrelated fights without preparation carries different risks, as discussed in item 13. This protection primarily benefits you and your family. ### 12. Who to hold accountable — unpaid wages, wrongful dismissal, financial losses — filing complaints, arbitration, or lawsuits instead of taking revenge - 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. - In plain terms: Pursuing legal channels may ultimately leave you without any compensation. On the other hand, resorting to revenge achieves the same result — no money recovered — while also risking your own life. 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. - 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 convicted under laws against wage theft. 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 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). - Evidence grade: A - Sources:全国人大 (1997). 刑法（第二百三十二条）. ；新华社 (2024). 江苏宜兴一校园发生持刀伤人事件致 8 死 17 伤. （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. ；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. ；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」）. - 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). Even legal channels may fail to secure compensation, as case resolution does not guarantee payment receipt. Conversely, revenge achieves no financial recovery and risks your own life. ### 13. No matter how angry you are, never target innocent people: 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 penalty is death - Cost: There is no monetary cost involved. The real challenge is suppressing such impulses when you’re enraged. - 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. - 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. His grievance pertained solely to the divorce ruling; his victims were completely unrelated runners from across the country. - Evidence grade: A - Sources:全国人大 (1997). 刑法（第一百一十四、一百一十五条）. ；新华社 (2024). 广东珠海驾车撞人事件造成 35 人死亡 43 人受伤. （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. ；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. ；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）. - 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, sending threatening letters or otherwise endangering another’s safety is illegal, punishable by up to five days’ detention or a similar fine. Anyone entertaining such ideas should refer to item 14, which treats notions like “finding a scapegoat” as a medical emergency requiring immediate intervention. ### 14. Thoughts such as “find a scapegoat” or “die together” must be treated as a medical emergency: leave the scene, hand over car keys and knives to someone else, and 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. - 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. - Benefit: This brief window between thought and action is well documented. In interviews conducted within three days of admission, 47.6% of those 82 individuals stated that the interval from initial thought to execution was under 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 installing protective barriers at popular suicide sites, 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. - Evidence grade: B - 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. ；Zalsman G 等 (2016). Suicide prevention strategies revisited: 10-year systematic review. Lancet Psychiatry. ；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）. - 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. ### 15. Family members say “no one will be safe” or “I’ll take the kids and leave” — don’t dismiss this as anger: close relatives can take such a person to the hospital, and police must respond to any emergency call - 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. - In plain terms: When family members say things like “no one will be safe” or “I’ll take the kids and leave,” close relatives have the right to take that person to a hospital, where treatment cannot be refused. If there has already been violence or an imminent risk of harm, hospitalization does not require the person’s 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. - Benefit: Article 28, paragraph 2 of the Mental Health Law states: “When a suspected mental disorder patient exhibits behavior that harms themselves or others, or shows a clear 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 mandates that hospitals admit these individuals right away, assign a licensed psychiatrist for evaluation, and issue a diagnosis promptly. Article 30 says voluntary admission is the norm, except in cases where the diagnosis confirms a severe mental disorder accompanied by actual or imminent harm to others — in such cases, involuntary hospitalization is permitted. Making threats of violence is grounds for calling 110. Writing threatening letters or using other means to endanger someone’s safety can result in detention for up to five days or a fine of up to 1000 yuan. Those who threaten to commit arson, explosions, or other acts endangering public safety face detention from five to ten days and a similar fine (effective January 1, 2026 under China’s Public Security Administration Punishment Law). - Evidence grade: A - 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）. ；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）. ；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. - Notes: This guidance applies to spouses, parents, and children living in the same household. The phrase “no one will be safe” clearly includes the speaker, 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 or attempts to force uncooperative family members into treatment. 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. 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 of his condition.” All 150 people on board perished: two pilots, four flight attendants, and 144 passengers. Keeping such risks hidden is never helpful. ### 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 - 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. - 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 especially grave, it constitutes the crimes of insult or defamation, punishable by up to 3 years in prison. Simply sharing such content also makes you liable. 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. - 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 (this rule is effective as of 1 January 2026 under the Public Security Administration Punishment Law). - Evidence grade: A - 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）. ；全国人大 (1997). 刑法（第二百四十六条）. ；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）. ；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 - 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). Sharing such content also makes you legally liable; knowingly spreading false information also counts as “fabricating facts”. For guidance on how to respond after being a victim of online abuse, see Section 37 of this chapter (“Document evidence first then take action after suffering online abuse”). The article numbers for insult and defamation have been updated from Article 42 under the old law to Article 50 under the new law. ### 17. Read the document thoroughly before signing; never sign on behalf of others or on blank paper - Cost: There is no cost involved. It simply requires a few extra minutes to read contracts, IOUs, guarantee letters, and employment documents from start to finish. Ask questions on the spot if anything is unclear, then take photos for your records. The real challenge is managing to read everything carefully while the other party is watching. - In plain terms: Once signed, the document becomes legally binding. Claims such as “I didn’t read it properly” or “I thought it said something else” rarely hold up in court. Therefore, it’s essential to spend those few minutes reading everything, ask for clarification when needed, and document it all with photos. Never sign for someone else, never sign on blank paper, and always specify the intended purpose when providing a copy of your ID. Electronic signatures and facial recognition verification also count as valid signatures. - Benefit: Contracts that are legally executed are protected by law and are binding on all parties involved. Once signed, both sides must fully comply with their obligations. Arguments like “I didn’t read it” or “I misunderstood” carry little weight in legal proceedings. By avoiding unnecessary signatures, you also steer clear of taking on debts or responsibilities that don’t rightfully belong to you (nationwide). - Evidence grade: A - Sources:全国人大 (2020). 民法典（第四百六十五、五百零九条）. - Notes: The rules “never sign on behalf of others, never sign on blank paper, and always state the purpose when sharing ID copies” are practical recommendations rather than formal legal mandates. Their shared goal is to prevent your signature from being used to validate a legally binding contract you never intended to agree to. Electronic signatures and facial recognition verification are equally valid forms of consent. ### 18. Write a clear loan agreement when lending money; think carefully before agreeing to be a guarantor - Cost: There is no cost involved. Simply use a piece of paper to list the lender, borrower, amount, interest rate, term, and repayment method, then have both parties sign it. Transfer the money electronically to leave a paper trail; never hand over cash. - In plain terms: The loan agreement must include all essential details: who the lender and borrower are, the amount, interest rate, term, and repayment method, plus signatures from both sides. Use a bank transfer instead of cash to make legal enforcement easier. Before agreeing to be a guarantor, check whether the contract mentions “joint and several liability.” Under ordinary guarantee arrangements, creditors must first sue the borrower and exhaust all collection efforts before seeking payment from you. However, if you sign a joint and several liability guarantee, creditors can demand repayment from you directly. - Benefit: Loan contracts should be in writing and contain information such as the type of loan, currency, purpose, amount, interest rate, term, and repayment method. This makes it easier to pursue legal action if needed. If a guarantee contract does not specify the type of guarantee or is otherwise vague, it is interpreted as an ordinary guarantee. Under such terms, creditors must first sue the borrower and attempt to enforce payment before turning to the guarantor. Conversely, a joint and several liability guarantee removes this protection; creditors may demand repayment from the guarantor immediately (nationwide). - Evidence grade: A - 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）. - Notes: Any interest charged above four times the LPR is not legally enforceable; see Section 7 for details. It is advisable to include the borrower’s ID number and label the document as a “loan agreement.” Whether or not the guarantee contract contains the phrase “joint and several liability” determines whether you are secondary to the borrower or equally liable — be sure to review this before signing. ### 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 - Cost: Zero cost. Don’t just hope for payment in silence — use WeChat, text messages, email, or certified mail to create a paper trail. - 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,” you lose the right to recover what’s owed. A single documented demand for payment can reset that three‑year clock entirely. Labor disputes follow a different rule: the arbitration deadline is just one year. - 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 monitor these deadlines automatically; however, once raised by the debtor they become binding. 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 labor arbitration; (4) any other circumstance with comparable effect. 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; alimony, child support, and maintenance; plus other cases specified by law. Labor arbitration follows a one‑year rule, also measured from the date the worker becomes aware of the violation; however, if a dispute over unpaid wages arises while the employment relationship still exists, the worker may file at any time — otherwise the deadline is one year after the contract ends (nationwide). - Evidence grade: A - 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）. ；全国人大常委会 (2007). 劳动争议调解仲裁法（第二十七条）. （安康市人力资源和社会保障局转载） - Notes: This is probably the cheapest tip in the entire book. A single traceable demand letter 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 negotiated extensions of the deadline 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 described in sections 19.1 and 19.2. ### 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 - Cost: There is no cost involved. Simply report your assets as required by the court: list everything you currently own and everything you acquired in the year prior to receiving 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. - In plain terms: Putting your house in a company’s name or transferring money to relatives or friends isn’t some clever “workaround” — it falls squarely under the circumstances described in the law on refusal to execute court orders. Conviction for this offense carries a sentence of up to three years; in especially serious cases, the sentence is three to seven years. Relatives, friends, or companies that help hide or transfer assets are treated as accomplices, and those assets must be recovered. Failing to report assets or providing false information can result in fines of up to 100000 yuan and up to 15 days of detention. However, if you truly have no money, this crime does not apply. - Benefit: Asset transfers aren’t merely “workarounds” — they themselves constitute criminal acts. 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 render a court order meaningless. 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 to guarantee their 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. Such serious circumstances include 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 may be deemed accomplices if they knowingly 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. Failure to report assets or providing false information may result in fines up to 100000 yuan and detention of up to 15 days (as stipulated in the 2024 interpretation effective December of that year). - Evidence grade: A - 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. ；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. 、；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）. ；全国人大 (2020). 民法典（第五百三十八、五百三十九、五百四十条）. ；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： - 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. ### 21. If you’re subject to spending restrictions or listed on the dishonesty registry, first find out which rule applies and request removal if possible - 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. - 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. In seven other cases, including when all obligations have been fulfilled, the court must remove the listing 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. - 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 non-essential spending, including first-class train travel, luxury accommodations, real estate purchases, premium office leases, non-business-related vehicle purchases, vacations, private school tuition for children, high-cost insurance products, or any seating on G-series high-speed trains. Any necessary exceptions must be approved by the court after a formal application. Valid guarantees or consent from creditors can also lift these restrictions nationwide. - Evidence grade: A - 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）. ；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」. - 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 “Regulations on Restrictions on Certain Types of Consumption.” This description follows the current post-amendment text. Three key changes were made in 2015: first, all seating on G-series high-speed trains became subject to restrictions; 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 or neither. Neither status affects credit reports, and removal from these lists does not alter credit records; see Section 7, Article 19 for details on recovering from a dishonesty listing. 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. ### 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 - Cost: Filing a complaint with the platform and reporting the case to police cost nothing. For lawsuits, if the amount in dispute is under 10000 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. - In plain terms: Start by contacting the platform. Platforms maintain security deposits and strict penalty rules, so they act fastest. Next, call the police: if the loss exceeds 3000 yuan, it meets the threshold for a criminal fraud case; otherwise it falls under public‑order penalties, which can result in a detention of 5 to 10 days. If you decide to sue, online‑purchase disputes can be filed in the court nearest to the delivery address. For smaller amounts, a small‑claims procedure applies, guaranteeing a verdict within two months and allowing online filing. - Benefit: When the amount defrauded ranges from 3000 to 10000 yuan, it qualifies as “a relatively large sum” under fraud statutes, leading to a sentence of up to three years plus a fine; exact limits vary by province. Below that threshold, offenders face public‑order penalties: detention of 5–10 days or a fine of up to 2000 yuan; repeat offenders may receive 10–15 days of detention and a fine up to 3000 yuan. On the civil side, you may sue in the same court for contract disputes, again without needing to travel to the seller’s hometown. Small‑claims rules apply when the disputed amount is under 50 % of the local average annual wage; such cases are decided in a single hearing and become final immediately, with a maximum processing time of two months under summary proceedings. All these procedures are now available online, carrying the same legal weight as in‑person filings (Civil Procedure Law, effective Jan 2024; Public Security Administration Punishment Law, effective Jan 2026). - Evidence grade: A - 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）. ；全国人大 (1997). 刑法（第二百六十六条）. ；全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第五十八条）. ；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）. （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）. ；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）. - 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. This method offers a framework, not a definitive answer. 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 strict penalty mechanisms. The relevant legal provision is Judicial Interpretation No. 7 of 2011. ### 23. Think carefully before and after making large gifts in romantic relationships or marriage - 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. - In plain terms: Once the money is transferred, you generally cannot get it back. A gift can only be revoked before it is officially registered under 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. - 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). - Evidence grade: A - Sources:全国人大 (2020). 民法典（第六百五十八、六百六十三条）. ；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）. - 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. Once a gift is notarized, it becomes far harder to retract. 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. ### 24. Transfer betrothal gifts via payment with clear notes; keep chat records; money demanded under marriage can be reclaimed - Cost: No cost involved. Transfer betrothal gifts, wedding jewelry, and other related payments via bank transfer, clearly stating their purpose in the notes. For any verbal agreements, keep chat records or have family members present as witnesses. - In plain terms: Demanding money under the guise of marriage is illegal, and courts support claims for repayment. Repayment can be demanded in three cases: no marriage registration took place; registration occurred but no actual cohabitation followed; betrothal gifts were given before marriage, leaving the giver in financial hardship. If registration occurred and cohabitation did follow, repayment is generally not required. However, if cohabitation was brief and the gift amount was excessively high, courts will determine the repayment proportion based on how the money was used, presence of dowry, whether children were born, and any fault on either side. For couples who cohabited without registration, the same proportional rule applies (nationwide, effective February 2024). Therefore, always transfer betrothal gifts, wedding jewelry, and related payments via bank transfer with clear notes, and both parties must keep proper evidence. - Benefit: Demanding money under the guise of marriage is strictly prohibited by law. If one party demands betrothal gifts under this pretext, the other party’s claim for repayment is legally supported. Courts will grant repayment in three specific scenarios: no marriage registration was completed; registration occurred but no actual cohabitation followed; betrothal gifts were given before marriage, leaving the giver in financial hardship. For couples who registered and cohabited, repayment is generally not required. Yet, if cohabitation was brief and the gift amount was excessively high, courts will calculate the repayment proportion based on actual usage of the funds, presence of dowry, whether children were born, and any fault on either side. The same proportional approach applies to couples who cohabited without registration (nationwide, effective February 2024). - Evidence grade: A - Sources:全国人大 (2020). 民法典（第一千零四十二条）. ；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）. ；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）. - Notes: Whether a betrothal gift amount is considered “excessively high” depends on the giver’s local per capita disposable income and family circumstances; there is no nationwide fixed threshold. The exact repayment amount is determined by judges on a case-by-case basis. This guideline applies equally to both givers and recipients of betrothal gifts; both parties must retain proper evidence. ### 25. No need to worry about premarital assets — clearly define property additions and parental contributions - 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. - 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, squanders or falsifies debts related to shared assets may receive a smaller share or no share at all. - 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 prior written 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 fabricates debts related to those assets, may receive a smaller share or no share at all (applies nationwide). - Evidence grade: A - 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）. ；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）. - 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 be aware of the existence of this agreement; if they are unaware, they cannot enforce it against you. 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, Article 11 (Parental contributions toward home purchases). ### 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 - 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. - 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 steal money can be charged with fraud: if the amount taken is relatively large, they get up to 3 years; if it’s huge, 3 to 10 years; if it’s exceptionally massive, 10 years or life imprisonment. Always verify the marital status on the ID card and household register before tying the knot. - 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 life imprisonment, plus a fine or seizure of assets (nationwide). - Evidence grade: A - Sources:全国人大 (2020). 民法典（第一千零五十一条）. ；全国人大 (1997). 刑法（第二百五十八、二百六十六条）. - 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. ### 27. For home appliance repairs, vehicle inspections, and renovations: always ask for a quote first and stay on site throughout the process - Cost: There is no upfront 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 stay on site for at least an hour or two to supervise the work. The main challenge is staying present and attentive the entire time. - 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. - Benefit: Appliance repair businesses must clearly list their service offerings, pricing for 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. - Evidence grade: B - 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）. ；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）. ；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）. ；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」. （国家法律法规数据库） - 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 specific appliance repair rules also apply to vehicle inspections and renovations under general price disclosure laws and 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. ### 28. Don’t be a “nominal legal representative” — don’t lend your ID to register a company - Cost: There’s no cost involved. If someone asks you to “just be a figurehead with no responsibilities,” you can simply refuse. - 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 the negligent representative. For those already serving in this role, company law allows them to resign, provided the company appoints a new legal representative within 30 days. - 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 (nationwide, effective July 2024). - Evidence grade: B - 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）. - 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; since this section does not verify their direct basis in company law text, 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. ### 29. Don’t carry items for strangers when traveling, and don’t accept packages of unknown origin - Cost: No cost at all. Simply say no. - In plain terms: The Consular Department of the Ministry of Foreign Affairs advises travelers to avoid carrying luggage or items for others, especially prohibited goods or anything they know nothing about. If drugs or contraband are later found in your luggage, you’ll be responsible for proving that you had no knowledge of them. The same applies to receiving parcels domestically — especially when someone asks you to pay upfront and promises a refund later. - Benefit: Following this advice helps prevent unknowingly transporting prohibited items, thus avoiding any legal consequences. It also protects you from being held liable if contraband is discovered in your luggage. - Evidence grade: B - Sources:外交部领事司 (2023). 对准备出国的中国公民有哪些建议. - Notes: The official pages from China’s General Administration of Customs and Ministry of Public Security on this topic are currently inaccessible, so this entry relies solely on guidance from the Consular Department. Since the original text only outlines general principles rather than specific legal provisions, it is rated B. The same rules apply to domestic parcel handling — especially when payment is required upfront with a later refund promised. ### 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 - Cost: A leash costs just a few dollars. The real challenge is remembering to use it every single time you take your dog outside. - In plain terms: If a dog injures someone, the owner is generally required to pay compensation, no matter how much fault they bear. Only when it can be proven that the injured party acted intentionally or with gross negligence might the compensation amount be reduced or waived. However, if the owner violated regulations by not using a leash, the sole remaining defense — “intentional conduct by the injured party” — is effectively eliminated; failing to leash a dog shuts off this one last avenue for reducing liability. For owners of prohibited aggressive breeds, there are absolutely no legal grounds for exemption from compensation. - 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. Yet, if safety measures mandated by law were ignored — such as neglecting to use a leash — the sole remaining mitigating factor, “intentional conduct by the injured party,” no longer applies. Not using a leash thus eliminates this sole chance to reduce liability. In the case of prohibited aggressive breeds, there is absolutely no legal basis for exemption from compensation. - Evidence grade: A - Sources:全国人大 (2020). 民法典. 最高人民检察院转载全文. 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 - Notes: Compensation for dog bites typically covers medical costs, lost wages, rabies vaccinations, and immunoglobulin treatments; amounts exceeding $10000 are common. Higher figures apply when injuries are severe or involve children. Failure to intervene does not absolve liability: owners remain responsible even if their dog runs away or is abandoned during an attack. Appropriate post-bite actions are outlined in Section 13. ### 31. If the other person is intoxicated, unconscious, or under 14, do not have sex with them - 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. - In plain terms: If the other person is intoxicated or asleep, they cannot give informed 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. After the fact, it is nearly impossible to prove they had consented at the time. The only 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, Article 18 (under 14 years of age). - 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 victim is intoxicated or asleep and thus unable to consent. More severe circumstances — such as repeated offenses or especially egregious acts — 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, Article 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 irrelevant. 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). - Evidence grade: B - Sources:全国人大 (1997). 刑法（第二百三十六条）. ；全国人大 (2020 年修正). 刑法（第二百三十七条）. （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……. - 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, Article 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 Section 31, Article 32 (“If the other party uses leverage to demand money, call the police”) for details. ### 32. If someone threatens to call the police, post intimate 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 - 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.” - In plain terms: Using threats like “I’ll call the cops” or “I’ll send these photos to your boss” to force you to pay is extortion. Paying even once only invites more demands. If they actually post the photos, that adds another criminal charge. Extortion involving sums between 2,000 and 5,000 yuan carries a maximum sentence of three years; amounts from 30,000 to 100,000 yuan can lead to 3–10 years behind bars. - Benefit: Article 274 of the Criminal Law stipulates that extortion of property — whether a single sizable sum or repeated smaller ones — is punishable by up to three years in prison, detention, or probation, plus a fine. Larger or especially egregious cases incur longer sentences. The Supreme People’s Court and Supreme People’s Procuratorate further define these thresholds: 2,000–5,000 yuan marks “a relatively large amount”; 30,000–100,000 yuan is “a huge amount”; 300,000–500,000 yuan qualifies as “an especially huge amount.” Article 1032 of the Civil Code protects privacy, while Article 1033 bars any interference with personal peace via calls, texts, or messaging apps. - Evidence grade: A - Sources:全国人大 (2020 年修正). 刑法（第二百七十四条）. （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）. ；全国人大 (2020). 民法典（第一千零三十二、一千零三十三条）. ；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」. （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. ；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）. ；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）. - Notes: Exact monetary thresholds vary by province within the limits set by national law. Repeated extortion — even if each sum is modest — also qualifies as a serious offense. Never delete chats, photos, or accounts; doing so destroys crucial evidence. If authorities open an investigation, those records become vital proof on your behalf. Avoid any notion of “installment negotiations” — most online extortion rings operate overseas and employ malware to harvest contacts. Threats to expose someone’s sexual orientation are equally illegal. In one Jiangsu case, a repeat offender demanded 14,500 yuan after arranging a meeting; he was prosecuted despite prior convictions for similar tactics. Using nude images to coerce sexual acts constitutes rape. In Zhejiang, a perpetrator amassed nude photos of ten women and blackmailed them; even when victims never met him, courts still convicted him of attempted rape. Never share intimate images online. Conversely, if you’re the victim seeking compensation, higher amounts do not automatically constitute extortion — see Section 36 for details. Should photos appear online, the Civil Code (Article 1195) entitles you to demand removal from platforms; failure to act promptly can make them jointly liable for ensuing damages. 〔2013〕 〔2013〕 ### 33. If someone falsely accuses you, you can seek legal consequences: up to 5 days of detention for minor violations, up to 3 years in prison for criminal acts - 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. - In plain terms: It is illegal to make up false accusations in an attempt to get someone punished under criminal or public order laws. For minor violations, offenders may face up to 5 days of detention or a fine under $1000. More serious cases can result in 5–10 days of detention, possibly with a similar fine. 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. - 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 up to $1000; repeat offenders may receive 5–10 days of detention plus a comparable fine. Article 243 of the Criminal Law defines the crime of false accusation: those who deliberately invent facts to provoke criminal prosecution can be sentenced to up to 3 years of imprisonment, or up to 10 years if serious harm results. Public officials committing such acts receive harsher sentences within the same penalty range. Conversely, unintentional errors or honest mistakes do not trigger these provisions. - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第五十条）. （北京市公安局转载全文）；全国人大 (1997). 刑法（第二百四十三条）. - 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. No nationwide statistics exist on how often false accusations lead to convictions, so we cannot provide prevalence rates or gender breakdowns. For guidance on proving your innocence and seeking compensation, refer to sections 34 and 35 of this chapter. ### 34. Insufficient evidence alone warrants acquittal; coerced confessions must be excluded; appeals and retrials remain possible after conviction - Cost: Pursuing these procedures costs nothing in terms of fees, but appeals 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 Section 5 (“Hire a lawyer immediately after being charged”) for details. The real challenge lies in persisting through multiple rounds of proceedings without giving up. - 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 sentencing. Once a verdict takes effect, the defendant, their legal representatives, and close relatives retain the right to file an appeal. - 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 preserves the right to appeal: defendants, their legal representatives, and close relatives may petition courts or procuratorates against finalized judgments or rulings. However, filing an appeal does not suspend the execution of the original verdict; appeals and enforcement proceed independently. Article 253 enumerates circumstances under which courts are obligated to conduct a retrial nationwide. - Evidence grade: A - 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）. - Notes: These provisions represent minimum legal safeguards rather than guarantees of specific outcomes. No verifiable official statistics exist in China regarding acquittal rates in criminal cases or success rates for appeals and retrials, 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 Section 5 (“Hire a lawyer immediately after being charged”) for guidance; second, carefully review and sign any official transcripts only after reading them in full; third, avoid admitting guilt 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. ### 35. For individuals released from detention after a case is dropped, charges are withdrawn, or they are acquitted, applying for state compensation is possible — compensation is calculated on a daily basis - Cost: No expense is required. The compensation application must be submitted to the same agency that originally ordered the detention, arrest, prosecution, or sentencing. - In plain terms: If you were detained or arrested and later released when the case was dropped, charges were withdrawn, or you were acquitted, you may apply for state compensation. Compensation is paid for each day spent in custody. Starting May 18, 2026, the daily rate is 495.94 yuan, amounting to roughly 180,000 yuan per year. In cases involving severe harm, additional compensation for emotional distress may also be awarded. However, no compensation applies if you committed an offense but were not prosecuted due to minor circumstances, if the statute of limitations has expired, or if you provided false statements yourself. - Benefit: Article 17 of the State Compensation Law outlines specific circumstances under which victims are entitled to compensation. The first involves unlawful detention: if a citizen is detained contrary to criminal procedure law or beyond the legally permitted duration, and the case is later dropped, charges withdrawn, or the individual acquitted, compensation is due. The second applies to unlawful arrest: if arrest follows but the case is ultimately dropped, charges withdrawn, or the individual acquitted, compensation remains applicable. The third concerns retrials: if a conviction is overturned via a retrial under the supervision procedure and the original sentence has already been served, compensation is likewise required. Article 33 stipulates that compensation for unlawful deprivation of personal liberty must be calculated using the average daily wage of urban non-private sector workers from the prior year. Article 35 mandates that in cases causing emotional harm, authorities must take steps to eliminate negative effects, restore reputation, and offer apologies; substantial harm also warrants payment of emotional distress compensation. Article 19 lists six scenarios where no compensation is granted: providing false statements or fabricated evidence leading to detention; detaining individuals exempt from criminal responsibility under Articles 17 and 18 of the Criminal Law (such as minors or mentally ill persons); detaining individuals exempt from prosecution under criminal procedure law (including those whose actions were minor and non-criminal, those beyond the statute of limitations, or those deceased); actions unrelated to official duties performed by law enforcement; self-inflicted harm; and other legally defined exceptions. A 2015 judicial interpretation by the Supreme People’s Court and Supreme People’s Procuratorate reaffirms that no compensation applies to individuals exempt from criminal responsibility or those whose charges are withdrawn under discretionary provisions. However, if a court later convicts and sentences someone to imprisonment or life imprisonment after a wrongful prosecution, compensation remains due for any period spent in custody post-conviction. Additionally, authorities denying compensation on grounds of false statements or self-inflicted harm must provide supporting evidence. On May 15, 2026, the National Bureau of Statistics reported that the average annual wage for urban non-private sector workers in 2025 was approximately 129,441 yuan, resulting in a daily compensation rate of 495.94 yuan effective May 18, 2026. This supersedes the prior rate of 475.52 yuan implemented in May 2025. - Evidence grade: A - 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）. （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. ；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）. ；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）. 。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 - Notes: This daily compensation rate is updated each May based on the latest annual wage statistics released by the National Bureau of Statistics; always verify the current figure before applying. When obtaining a decision document stating charges are withdrawn, check whether it cites “no criminal facts” or “insufficient evidence” — these justify a compensation claim. Conversely, if the document mentions “minor criminal circumstances” or an expired statute of limitations, compensation is generally ineligible. Should you disagree with a discretionary non-prosecution decision, you may file an appeal with the procuratorate within seven days. Emotional distress compensation is determined case-by-case by authorities without a standardized formula. The agency responsible for compensation is the same body that ordered your detention — whether police, procuratorate, or court — so begin there. If dissatisfied with their response, further appeals may be pursued under the State Compensation Law. For practical examples, refer to Section 36, which details Guo Li’s case: detained for 1,826 days, he received roughly 472,733 yuan for unlawful detention and an additional 165,450 yuan for emotional distress, calculated using the 2016 daily wage rate of 258.89 yuan. Conversely, compensation does not extend to lost wages, physical injury recovery costs, property damage, legal fees, or living allowances while in custody, as explicitly excluded under the law. 〔129000〕 〔473000〕 〔472733.14〕 〔165000〕 〔88880000〕 ### 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 - 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. - 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 before being later exonerated on appeal. 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. - Benefit: Official precedent exists: after tests showed melamine contamination in certain batches of “Siren” brand milk powder in 2008, Guo Li’s daughter was found to have multiple bright echoes in her kidney tissue. Guo repeatedly demanded compensation from both the seller and Siren, and publicized the case via media. In June 2009, both parties reached an agreement: Siren paid 400000 yuan, and Guo signed a document waiving any further claims. Later, Siren filed a police report, 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 actions are legally justified.” 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). - Evidence grade: B - 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. （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）. - Notes: This grade is assigned because only one case exists, so it can’t 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 without any direct contact with the other party. Be especially cautious when they invite you to their location for “friendly talks” — such meetings often lead to police reports and criminal charges. Once a settlement is signed, any attempt to demand extra compensation can easily be interpreted as extortion. For guidance on handling criminal charges after such incidents, see sections 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, refer to section 32. ### 37. Cyberbullying: First enable protections, gather evidence, then choose between court injunctions, private prosecution, or police reports - Cost: There’s no monetary cost. It takes just a few 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. - 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 pick one of three options. First, ask the court for a personal rights injunction to make the harasser stop. Second, file a private prosecution yourself; if gathering evidence proves difficult, you can request police assistance. Third, if the consequences are especially severe and the impact widespread, the case may be turned into a public prosecution so you won’t have to provide evidence yourself. - Benefit: Article 15 of Document No. 14 (2023) outlines how courts issue injunctions to protect personal rights. When a rights holder can prove that someone is currently committing or about to commit an act that infringes those rights, and failing to stop it would cause irreparable harm, the court may grant an injunction under Article 997 of the Civil Code. Such an injunction is a legal order forcing the offender to cease the behavior. Article 11 of the same document addresses evidence collection: in private prosecution cases, victims who struggle to obtain evidence may ask police for help; police must identify the perpetrator, gather data on how the content spread, and provide technical support to platforms. If evidence collected this way meets filing criteria, the court must accept the case. Article 12 lists five scenarios that qualify as “serious harm to social order” under Article 246, Paragraph 2 of the Criminal Law, such as causing mental illness or suicide among victims, widespread vulgar comments, repeated defamation, coordinated posting across multiple platforms, or other grave consequences. Article 4 criminalizes “human flesh search” operations that illegally collect and distribute personal information. Regulation No. 23 of the Cyberbullying Governance Rules requires platforms to offer tools like blocking unknown or specific users, limiting post visibility, disabling reposts or comments, and controlling private messages. Article 25 mandates quick evidence‑collection features, Article 26 requires prominent reporting channels, and Article 15 obliges platforms to report suspected crimes to police promptly. - Evidence grade: A - 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）. ；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 ；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 - 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 criteria in Article 12 can it be converted to a public prosecution. Two things to avoid: never retaliate with insults, as that could make you liable under Article 16; and never delete any content from your account, because it serves as evidence. If you feel overwhelmed, call 12356 as described in Section 1, Article 25. To request removal of your personal data, refer to Section 14, Article 8. Guidance on helping strangers who become victims is provided in [docs/遇到陌生人出事该不该停.md](../../docs/research/遇到陌生人出事该不该停.md). ### 38. The legal route of “buying insurance for a family member first, then harming them” is completely blocked: you get zero money, and the perpetrator faces multiple charges including intentional homicide and insurance fraud - Cost: No cost at all. - In plain terms: All four possible pathways are shut down. Buying life insurance for a loved one without their knowledge renders the policy invalid. If the policyholder deliberately causes the insured’s death, the insurer pays nothing. Intentionally killing an heir also results in loss of inheritance rights. Chinese law treats such insurance fraud as a separate crime, which is punished alongside intentional homicide — up to the death penalty. In short, you walk away with absolutely no compensation. Exactly 1000000 people are affected by such illegal acts. - Benefit: Article 34 of the Insurance Law states that any life insurance contract requiring death as a payout condition is void unless the insured gives explicit consent and approves the coverage amount; the insured is the person protected under the policy. This rule does not apply when parents purchase insurance for minor children. Article 39 requires policyholder consent when naming a beneficiary — the policyholder pays the premiums while the beneficiary receives payouts after a claim. Article 43 specifically addresses intentional harm: if a policyholder deliberately causes death, injury, or illness, the insurer is exempt from paying out; any premiums paid for over two years are refunded to other rightful claimants. Likewise, a beneficiary who attempts or succeeds in harming the insured loses all rights to benefits. Article 27, paragraph 2, further stipulates that if either party intentionally triggers a claim, the insurer may void the contract and withhold all premiums, except under Article 43. Under Article 1125 of the Civil Code, anyone who intentionally kills an heir forfeits inheritance rights. Article 198, paragraph 1, item 5, of the Criminal Law classifies “intentionally causing death, injury, or illness to secure insurance payouts” as insurance fraud; penalties range from fines up to 100000 RMB for smaller sums to life imprisonment for larger ones. Paragraph 2 adds that when this act overlaps with intentional homicide, both crimes are punished concurrently. Article 232 prescribes the death penalty, life imprisonment, or at least ten years in prison for intentional homicide. A real-world example is the Zhang Mosong case in Xuancheng, Anhui: in July 2016, he drove into a pond, killing his wife; just two weeks prior, he had taken out four 1-million RMB life insurance policies on her. Captured on July 25, he was sentenced to death with a two-year reprieve and fined 50000 RMB after being convicted of both intentional homicide and insurance fraud. - Evidence grade: A - 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. ；全国人大 (2020). 中华人民共和国民法典第一千一百二十五条. ；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. ；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）. - Notes: In this scenario, the policyholder is also the intended beneficiary; the primary aim is to avoid a death sentence or life imprisonment. The case details and verdict are drawn verbatim from official prosecutorial materials; no investigative specifics beyond what is publicly documented are included. Fraudulent claims involving non‑fatal incidents — such as staged accidents or inflated damages — are also illegal and punishable, including accomplices; see Section 9, Article 21 for further information. Purchasing insurance for family members is perfectly lawful; this article targets only those who plan to harm them after securing coverage. Impulsive urges to harm loved ones should be treated as medical emergencies; refer to Section 14 and 15 for related guidance. ### 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 - 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. - In plain terms: Reporting a crime and having a case officially opened are two separate steps. When the police accept a case, they must provide you with a case receipt — this document is the sole proof that you actually filed a report. 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. - Benefit: Article 171 of the Procedural Provisions on Handling Criminal Cases by Public Security Organs (Amended by Order No. 159 of the Ministry of Public Security) explicitly mandates that a case receipt must be issued to anyone reporting a crime — including witnesses, complainants, and tipsters. Article 174 states that once a case is accepted, the police must promptly conduct an investigation. Article 178 governs the decision to open or not open a case: if sufficient evidence exists and the case falls under their jurisdiction, it must be opened following approval by a senior officer at or above the county level. If no case is opened, a written notice must be delivered to the complainant within 3 days. Article 179 outlines the appeal process: complainants may request a reconsideration within 7 days of receiving the notice, and if still dissatisfied, a further review within another 7 days; these deadlines may be extended by up to 30 days in complex cases, with written notification to the applicant. Article 112 of the Criminal Procedure Law similarly stipulates that cases must be opened when sufficient evidence exists; otherwise, the reasons must be communicated to the complainant, who may then request a reconsideration. Article 113 adds that if the procuratorate deems the police’s refusal unjustified, it may order them to open the case. These provisions also apply to administrative cases under Article 61 of the Procedural Provisions on Handling Administrative Cases by Public Security Organs. For minor offenses such as fights or petty theft, the investigation period must not exceed 30 days, extendable by another 30 days under special circumstances; time spent on expert evaluations does not count toward this limit. Article 9 of the Regulations on Police Oversight further ensures that complaints regarding police misconduct are addressed promptly, with outcomes communicated back to the complainant. - Evidence grade: A - 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）. ；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. ；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）. 、；国务院 (2011). 公安机关督察条例（国务院令第 603 号，第九条）. - Notes: This guidance is designed to benefit you directly. It clarifies the common misconception that merely reporting a crime guarantees immediate action. Clear legal timelines and standards govern both the initiation and progression of investigations, independent of individual officers’ discretion. 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, inquire specifically about the case’s current stage rather than questioning why action has not been taken; ③ Upon receiving a notice of non-initiation, review its rationale, then exercise your rights to reconsideration and review within the stipulated periods, while also having the option to request oversight from the procuratorate — all these avenues are mutually compatible. Administrative cases, which involve minor infractions like altercations or petty theft, follow similar procedural rules with a maximum 30-day investigation window, extendable by another 30 days under exceptional circumstances; evaluation periods are excluded from this calculation. Remember that poor treatment by police personnel is a separate issue from case handling; such conduct should be reported via oversight channels to prevent it from derailing your pursuit of justice. Matters such as lost-and-found items or neighborhood disputes are not classified as criminal cases and are instead addressed as administrative matters or through mediation; do not interpret this as a failure to act on your 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). ### 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 - Cost: No cost at all — you just have to refrain from doing it. - In plain terms: “Paying a little money to smooth things over” is a standalone offense under criminal law; those arrested are not only the recipients of the bribes. 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, over 10 years or even 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. - 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 substantial losses are inflicted on national interests, they shall be sentenced to over 10 years 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 involving 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; if their crime is relatively minor, and their confession plays a key role in cracking major cases or leads to significant meritorious service, they may even be exempted from punishment” (nationwide application). - Evidence grade: A - 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. ；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）. - 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 outlined in Article 39: 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 Article 11 of Section 24. ### 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 - 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. - 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. Recording these conversations yourself is perfectly legal, even if the other party wasn’t informed beforehand; this alone won’t disqualify the recording 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. - 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 same regulations, to use a recording as evidence, you must retain 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. - Evidence grade: A - 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 ；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）. ；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）. ；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）. - 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 50000 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 Section 16 regarding avoiding online slander or false statements. 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. ### 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 - Cost: No cost involved. Simply use your phone to film for several seconds to a few minutes. First, ensure your own safety; this won’t interfere with rescue efforts or on‑site handling. - 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, street signs, 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, do so only after filming. Keep the original photos and videos on your phone — don’t rely solely on copies sent via messaging apps. - 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 widely accepted practice, though not mandated by law nationwide. - Evidence grade: C - 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 ；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）. - 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.” ### 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 - 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. - In plain terms: Worldwide, 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 are required to respond within 72 hours. - 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 homicide cases and attempted homicides with 427 women who had experienced abuse but survived. Women who had been strangled by a partner had a 6.70‑fold higher chance of surviving an attempted murder (OR 6.70, 95 % CI 3.91–11.49) and a 7.48‑fold higher chance of being killed outright (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 grants it when it deems abuse “highly likely.” Violating a protection order can result in fines up to 1,000 yuan or detention for up to 15 days; serious breaches may be prosecuted as refusal to comply with a court order. Persistent humiliation, threats, stalking, harassment, and deliberate deprivation of food or warmth also count as domestic violence. - Evidence grade: A - 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）. ；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）. ；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 ；Stöckl H 等 (2013). The global prevalence of intimate partner homicide: a systematic review. Lancet. ；Glass N 等 (2008). Non-fatal strangulation is an important risk factor for homicide of women. Journal of Emergency Medicine. - 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 Section 41 on 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 requires a separate legal proceeding — typically a six‑month trial at minimum, with your own legal 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 intervene physically — see Section 10 on handling conflicts by calling police first. ### 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 - 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. - In plain terms: Money owed from gambling isn’t protected by courts. Even if creditors know the borrower is using the funds for gambling, those loans still get no legal protection. 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. - 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 — even when creditors are aware of the purpose — 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). - Evidence grade: B - 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）. - 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, Article 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, standard first-instance proceedings take at least 6 months, while simplified procedures require 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, Article 15 (debt collection rules) and call the police immediately. If the borrower is in such a desperate state they’re considering suicide, contact the crisis hotline at 12356 as noted in Section 1, Article 37 (gambling-related distress). The main beneficiaries of these protections are spouses and immediate family members.