# 9. Legal pitfalls that ordinary people often overlook This section looks at two key aspects: personal freedom and money. Many everyday actions that people assume are harmless can actually lead to detention, fines, or even criminal sentences. For each item we list the exact legal numbers from statutes, along with real cases documented by official sources. The Public Security Administration Punishment Law referenced here is the 2025 revised version, which took effect on January 1, 2026; its article numbers differ from earlier editions. The Criminal Law excerpts come from a compiled text reposted by Beijing’s Traffic Management Bureau, updated according to Amendment XI to the Criminal Law; we note which amendment applies to each passage. Items are ordered from those most likely to be unintentionally broken to those carrying the heaviest penalties. ### 1. Do not share unverified messages about disasters, epidemics, or police incidents in groups; do not photoshop images or use AI to generate fake scene pictures - Cost: No cost involved. Simply check whether the message is an official announcement before sharing. If you’re unsure, don’t share it, and avoid editing images or adding phrases like “allegedly.” The real challenge is resisting the urge to be the first person to spread the news. - In plain terms: If you know a message about a disaster, epidemic, or police incident is false yet still share it, you’ll face penalties just as severe as if you had fabricated it yourself. Even if you didn’t create the content, you could be detained for 5 to 10 days and fined up to 1,000 yuan. Intentionally disrupting social order can land you in prison for up to 3 years, while causing serious consequences may result in a sentence of 3 to 7 years. Any photoshopped images or AI-generated fake scene pictures are treated as self-created content as well. - Benefit: Those who deliberately spread rumors or make false reports about disasters, epidemics, or police incidents to disrupt public order can be detained for 5 to 10 days and fined up to 1,000 yuan. For less serious cases, the penalty is detention for under 5 days or a fine under 1,000 yuan. Creating and posting fake reports about such incidents online also carries a maximum 3-year prison term, even if you know the content is untrue. This applies only when the actions cause significant disruption to social order, as defined by law. If serious consequences arise, the sentence rises to 3 to 7 years nationwide. - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第二十九条）. ；全国人大常委会 (2015). 刑法修正案（九）（第三十二条，即刑法第二百九十一条之一第二款）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百九十一条之一）. （北京市公安交通管理局转载） - Notes: Sharing known false content carries the same legal penalties as creating it yourself; claiming “I just shared it” offers no exemption. Photoshopped images and AI-generated fake scene pictures are also considered self-created content. In 2025, China’s Ministry of Public Security released multiple batches of typical cases involving online rumors about disasters and emergencies. At the time of writing, the ministry’s website was inaccessible, so no specific examples were cited. ### 2. Do not post, share, or comment images, memes, or remarks that insult heroes and martyrs, nor make jokes about the national flag or anthem - Cost: No cost at all. There is absolutely no need to comment on, edit, or forward any content related to heroes, martyrs, the national flag, emblem, or anthem. The real difficulty lies in resisting the urge to join in when someone else makes a joke in a group chat. - In plain terms: Making jokes about heroes, martyrs, the national flag, or anthem can lead to a detention period of 5 to 10 days, or a fine ranging from 1,000 to 3,000 yuan for minor violations. More serious cases result in 10 to 15 days of detention. If the act constitutes a crime, the offender faces up to 3 years in prison. In one case, a person posted two remarks defaming Yuan Longping in a WeChat group with 499 villagers; they were sentenced to 6 months of control, a penalty that restricts their movements without requiring imprisonment. - Benefit: Those who insult, slander, or fabricate false information about heroes and martyrs, thereby harming their names, portraits, reputations, or honors and infringing on public interests, face the same penalties as above: 5 to 10 days of detention or a fine of 1,000 to 3,000 yuan. The same penalties apply to anyone who distorts or denies the deeds and spirit of heroes, or spreads content glorifying aggressive wars. For more serious violations, the penalty is 10 to 15 days of detention plus a fine of up to 5,000 yuan. When the offense reaches the level of “serious circumstances”, it becomes a criminal act punishable by up to 3 years in prison. The same maximum sentence applies to anyone who publicly insults the national flag or emblem, or alters or sings the national anthem in a distorted, derogatory manner. Official examples include: Xiao, who posted two defamatory remarks about Yuan Longping in a group chat of 499 villagers, was sentenced to 6 months of control; Qiu, who posted two posts distorting the deeds of border defense soldiers to his over 2.5 million followers on Weibo, was sentenced to 8 months in prison and required to issue a public apology via national media. - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第三十五条）. ；全国人大常委会 (2018). 英雄烈士保护法（第二十二、二十六条）. ；全国人大常委会 (2020). 刑法修正案（十一）（第三十五条，即刑法第二百九十九条之一）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百九十九条、第二百九十九条之一）. ；最高人民法院 (2022). 涉英烈权益保护十大典型案例（案例二、案例三）. - Notes: This provision was added to the Law on Public Security Administration Punishments only in its 2025 revision. Prior to that, such violations could only be addressed under criminal law or through civil public interest litigation initiated by procuratorial authorities. A WeChat group with several hundred members is considered a public setting under judicial interpretation. ### 3. After viewing content on foreign websites, simply close the page — do not screenshot, share, repost, or discuss it in any groups or comment sections - Cost: No cost involved. Once the page is closed, the matter is over. There is no need to archive, share, or repost the content to domestic platforms. You also don’t need an account tied to your real identity to post political content on foreign platforms, nor should you accept any payments or funding from foreign agencies, organizations, or individuals. The real challenge is resisting the urge to screenshot or share content that seems shocking or provocative. - In plain terms: These laws target actions of spreading content abroad, not merely viewing it. One notable exception applies to books, audio, or video materials promoting terrorism or extremism: simply possessing such materials with full knowledge of their nature can lead to a sentence of up to three years in prison, depending on the severity of the case. For all other content, reposting, sharing in groups, or commenting on it is considered dissemination. If such actions amount to inciting subversion or separatism, the penalty is up to five years; leaders or those with major roles face more than five years. Those collaborating with foreign entities to commit these acts face harsher penalties. Anyone receiving funding from abroad to carry out such activities may be sentenced to five years or less; repeat offenders or those with serious consequences face more than five years. Illegally obtaining or providing state secrets or intelligence to foreign entities results in five to ten years in prison; especially severe cases may lead to life imprisonment or over ten years. Even lesser violations still incur a mandatory deprivation of political rights for one to five years, during which voting rights and eligibility for public office are suspended. Additional penalties may include confiscation of personal assets. On the administrative side, no individual or organization may use the internet to threaten national security, honor, or interests, or to incite subversion, separatism, or anti-socialist activities. Violators face penalties under relevant laws and regulations. Possessing extremist or terrorist materials without sharing them can also lead to criminal charges under Article 120-6 of the Criminal Law, punishable by up to three years in prison, fines, or both. - Benefit: Those who spread false information, slander, or otherwise incite others to subvert state authority or overthrow socialism face up to five years in prison; leaders or major offenders may receive up to fifteen years. Similar penalties apply to those inciting separatism or undermining national unity. Collaborating with foreign entities to commit these acts results in harsher sentences. Funding such activities from abroad leads to penalties of five years or less for responsible individuals; repeat offenders face more than five years. Illegally obtaining or providing state secrets or intelligence to foreign entities results in five to ten years in prison; especially severe cases may lead to life imprisonment or over ten years. Even lesser violations still incur a mandatory deprivation of political rights for one to five years, during which voting rights and eligibility for public office are suspended. Additional penalties may include confiscation of personal assets. Administrative violations also carry penalties. - Evidence grade: A - Sources:全国人大 (1997). 刑法（第四十五、五十五、五十六、一百零三、一百零五、一百零六、一百零七、一百一十一、一百一十三条，这几条未经修正案修改）. ；全国人大常委会 (2025). 网络安全法（2025 年修正，2026 年 1 月 1 日施行，第十三条第二款、第七十一条第一项）. ；全国人大常委会 (2015). 刑法修正案（九）（新增第一百二十条之六）. 国家信访局转载全文 - Notes: The provisions cited here apply to actions of inciting others, spreading content, or providing it to third parties — not merely viewing it. This rule applies only to ordinary content. Materials promoting terrorism or extremism are explicitly exempted by law; mere possession of such materials can lead to criminal charges (Article 120-6). For these materials, refraining from archiving or sharing is not merely a precaution — it is a legal requirement. Upon encountering such content, you must stop at viewing it alone: no screenshots, no sharing, no comments, and no attempts to involve others. Reposting or commenting is deemed dissemination, and claims such as “I only reposted it” do not serve as a defense. Content originating from foreign platforms may attract even harsher penalties. When in doubt about authenticity, avoid sharing it altogether — this aligns with the advice in Section 1 of this chapter regarding not sharing unverified information. Penalties related to the use of tools for circumventing internet restrictions are covered in Section 11, Article 11. In reality, sharing such content offers no tangible benefits; instead, it risks lengthy imprisonment, loss of political rights, and confiscation of assets. Publicly documented cases involving similar offenses are rare, typically reported only by foreign media or disclosed by family members; one example is a blogger who posted political commentary abroad and was sentenced to seven years in 2023. As no official court rulings have been verified for this book, this section outlines legal provisions without referencing specific cases. ### 4. Watching porn alone is fine, but don’t post it in groups, sell “resources,” or create groups - Cost: There’s no expense involved. Simply avoid forwarding, saving to group files, or becoming an admin or owner of such groups. - In plain terms: Watching porn privately is perfectly legal and not prohibited by law. However, posting it in a group counts as distributing it to everyone in that group. Penalties include detention from 10 to 15 days and fines up to 5,000 yuan; more serious cases may result in up to 2 years in prison. Those who profit by selling or distributing such content face up to 3 years in prison, while repeat or severe offenders may be sentenced to 3–10 years, or even life imprisonment. Creating a group with 30 or more members solely for sharing porn also constitutes a crime — organizers, admins, and primary posters all face criminal charges. - Benefit: Distributing porn online leads to detention from 10 to 15 days plus fines up to 5,000 yuan. For lesser offenses, penalties may be limited to detention under 5 days or fines between 1,000 and 3,000 yuan. Cases involving minors incur harsher penalties. When distribution reaches “serious” levels, sentences can reach 2 years in prison; profit-driven activities may result in up to 3 years of imprisonment plus fines. Severe cases warrant 3–10 years in prison, while extreme circumstances may lead to life imprisonment or indefinite detention. Establishing a group of 30+ members dedicated to sharing porn also constitutes a criminal act, with organizers, admins, and primary posters all convicted under the same statute nationwide. - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第八十条）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第三百六十三、三百六十四条）. ；最高人民法院、最高人民检察院 (2010). 关于办理利用互联网、移动通讯终端、声讯台制作、复制、出版、贩卖、传播淫秽电子信息刑事案件具体应用法律若干问题的解释（二）（第三条）. - Notes: Both laws target “distribution” rather than private viewing. Yet posting content in a group is treated as distribution to all members. The exact threshold defining “serious circumstances” is set by judicial interpretation; this section does not specify exact figures. ### 5. Part-time jobs that ask you to use your own card to receive payments, withdraw cash, or transfer money — no matter how much extra pay they offer, avoid them - Cost: There is no direct monetary cost, but you should steer clear of any “pay-per-day” gigs that require you to bring a bank card to a bank branch. - In plain terms: These part-time jobs promise only a few hundred dollars in earnings, yet they can leave you with a criminal record. One person brought his ID and a single bank card to a designated location, helped with transfers and withdrawals, and earned just over $500. Even though prosecutors did not file charges, police still detained him for 10 days and fined him $1,000. Another individual handed over his own and others’ bank cards plus SIM cards to a criminal group for cash handling; he was sentenced to 2 years and 3 months in prison and fined $22,000. - Benefit: Anyone who knowingly helps move, buy, sell, or otherwise conceal money or property obtained through illegal activity can face up to three years in prison, a fine, or both. Official case example: Wang was instructed to bring his ID and a bank card to a specific spot, where he assisted with transfers and withdrawals, earning a little over $500. No prosecution followed, but police detained him for 10 days under anti‑telecom‑fraud laws and imposed a $1,000 fine. Man was also convicted of providing his own and others’ bank cards and SIM cards for criminal cash handling; he received a 2‑year‑3‑month sentence plus a $22,000 fine (nationwide). - Evidence grade: A - Sources:全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第三百一十二条）. ；最高人民检察院 (2023). 检察机关依法惩治电信网络诈骗及其关联犯罪典型案例（案例九）. ；最高人民法院、最高人民检察院 (2025). 依法惩治掩饰、隐瞒犯罪所得、犯罪所得收益犯罪典型案例（案例五）. - Notes: The consequences of lending your bank card to others or acting as a “money mule” are covered in Section 8, Item 8. This entry deals with cases where you personally perform the withdrawals and transfers. Claiming “I had no idea where the money came from” is unlikely to be accepted by authorities. When the payout seems unreasonably high, facial‑recognition verification is required, and the transaction looks suspicious, these facts alone can prove you were aware of the illegal nature of the activity. At minimum, you risk a 10‑day detention and a permanent criminal record. ### 6. Some people try to get you to “package loan applicants” for them and offer a commission based on the loan amount — don’t fall for it - Cost: There’s no cost at all. Just say no. Never lend your ID card or credit report to anyone, sign any loan contracts you haven’t read, or go to the bank to sign on someone else’s behalf. - In plain terms: Helping others “package” loan applications in order to get a cut of the proceeds is a form of fraud. One criminal gang of 126 members turned unemployed individuals into “prime customers” and tricked over 80 banks into issuing loans totaling more than 30 million yuan. Those who signed the loan documents on behalf of the applicants received 30% of each loan amount as a commission. Out of the 80 people convicted so far, 76 have been sentenced to between 1 year and 4 months and 6 years and 6 months in prison. Remember: the person whose name appears on the loan contract is legally responsible for repaying it. - Benefit: Committing fraud to obtain loans, acceptance letters, letters of credit, or guarantees from banks or other financial institutions is a serious crime. If such actions cause substantial financial harm, offenders face up to 3 years in prison plus a fine; if the damage is especially severe, sentences range from 3 to 7 years, also with fines. The threshold for police investigation is a direct financial loss exceeding 500,000 yuan. Those who fabricate investment projects, fake contracts, or forged documents to secure loans commit loan fraud — this crime is punishable by up to 5 years in prison and fines ranging from 20,000 to 200,000 yuan if the amount obtained is 50,000 yuan or more. Larger sums or more serious circumstances lead to sentences from 5 to 10 years, or even life imprisonment. Forging, altering, or selling official government documents or seals carries penalties of up to 3 years; more serious cases result in 3–10 years in prison. A notable case involved 126 criminals who created fake “prime customers” in 16 provinces and tricked over 80 banks out of more than 30 million yuan; 105 “front” applicants were prosecuted. In 2026, 76 of them received sentences of 1 year and 4 months to 6 years and 6 months for loan fraud, while four others were additionally convicted of money laundering and received sentences from 2 years and 4 months to 7 years and 6 months. Under the 2021 amendment to the Criminal Law, anyone who signs a loan contract becomes legally liable for repayment — even if they never intended to pay, the debt and negative credit record remain theirs. Attempts to flee abroad won’t help; fugitives can still be extradited years later. Those serving sentences, under investigation, or involved in civil disputes may be barred from leaving the country. For details on how to spot unauthorized loans taken out in your name, see Section 8, Item 9. - Evidence grade: A - Sources:全国人大常委会 (2020). 刑法修正案（十一）（第十一条，修改刑法第一百七十五条之一）. ；全国人大 (1997). 刑法（第八十八、一百九十三、二百八十条）. ；最高人民检察院、公安部 (2022). 关于公安机关管辖的刑事案件立案追诉标准的规定（二）（第二十二、四十五条）. ；最高人民检察院 (2026). 骗贷流水线背后藏洗钱黑手（检察日报）. ；全国人大常委会 (2012). 出境入境管理法（第十二条）. （国家移民管理局）；全国人大常委会 (2023 修正). 民事诉讼法（第二百六十六条）. （贵州省市场监管局转载） - Notes: In one case, the defense argument “I intended to repay the loan” was rejected. Prosecutors proved that the defendants had no jobs or assets, had already spent their commission, and thus had no real intention of repayment. Those who withdraw funds on behalf of the gang may also be charged with money laundering. For information on using personal bank accounts for “side jobs” or receiving money on someone else’s behalf, see Section 5; for how to detect fraudulent loans taken out in your name, see Section 8, Item 9. ### 7. Keeping found items and not using them for personal gain; returning lost phones, wallets, or cash to owners or police - Cost: No cost at all — it only takes a few minutes. Simply call the owner or bring the items to a police station. - In plain terms: Keeping found items for personal use when the value reaches “a relatively large amount” without returning them is a criminal offense known as misappropriation, punishable by up to 2 years in prison. If the amount is especially large, the sentence rises to 2–5 years. Using a found credit card at an ATM to withdraw cash is even more serious — it constitutes “unauthorized use of another person’s credit card.” When the amount involved is relatively large, offenders face up to 5 years in prison plus fines ranging from 20,000 to 200,000 yuan. In such cases, police open a case automatically without needing any complaint from the owner. - Benefit: Returning lost items to their rightful owners promptly — whether by notifying them directly or handing them over to police or other authorities — is both lawful and ethical. Failing to do so when the value reaches “a relatively large amount” may lead to criminal charges of misappropriation (up to 5 years in prison). Using a found credit card at an ATM is classified as “unauthorized use of another person’s credit card” and is treated as credit card fraud; offenders may receive sentences of 5–10 years and fines from 50,000 to 500,000 yuan, depending on the amount and circumstances (nationwide). - Evidence grade: A - Sources:全国人大 (2020). 民法典（第三百一十四条）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第一百九十六、二百七十条）. ；最高人民检察院 (2008). 关于拾得他人信用卡并在自动柜员机（ATM 机）上使用的行为如何定性问题的批复. - Notes: Misappropriation is a crime that requires a formal complaint from the owner before police can intervene; otherwise, they cannot act on it. However, using a found credit card at an ATM falls under a different category — police can initiate proceedings without any prior complaint. The exact monetary threshold defining “a relatively large amount” is set by judicial interpretation and was not verified for this section. After items are handed over to authorities, owners may be required to pay storage fees when reclaiming them (Civil Code, Article 317). ### 8. Use your real identity to claim discounts — don’t register fake accounts or exploit loopholes to get more - Cost: There is no cost involved. You simply avoid taking part in “coupon‑hunting groups” and stay away from any platform loopholes. The hard part is resisting the urge to treat these discounts as a repeatable source of income. - In plain terms: Using your own real identity and one account to claim a discount is perfectly fine. Creating multiple fake accounts or placing orders yourself just to get extra coupons is considered fraud. If you defraud someone out of 3,000 yuan or more, you can be sentenced to up to three years in prison; amounts over 30,000 yuan bring penalties of three to ten years. In one case, delivery workers bought virtual phone numbers for just 0.1 yuan each, used them to claim coupons, and together generated over 90,000 yuan in illicit gains; twelve people involved received sentences ranging from three years and six months to three months of detention. Additionally, one individual managed to obtain 29 yuan in discounts through such means. - Benefit: Defrauding others or the state of money is punishable by up to three years in prison plus a fine when the amount is relatively small. Larger sums or aggravating circumstances raise the sentence to three‑to‑ten years, and extremely large amounts can lead to more than ten years or even life imprisonment, along with heavy fines or asset confiscation. Each province sets its own thresholds: “relatively small” means 3,000–10,000 yuan; “large” is 30,000–100,000 yuan; “extremely large” starts at 500,000 yuan. Teaching or selling methods for fraud carries a maximum five‑year sentence, with harsher penalties for serious cases. Buying or selling phone numbers and verification codes is a violation of personal‑information laws, punishable by up to seven years in prison. Automated systems for mass account creation or SMS verification are expressly banned under anti‑telecom‑fraud statutes. Illegal trading or lending of phone cards and online accounts also incurs fines of one‑to‑ten times any illicit profit; if no profit is made, fines can reach 500,000 yuan, and repeat offenders may face up to fifteen days of detention. Those who take part in telecom fraud but do not meet criminal thresholds can still be detained for ten‑to‑fifteen days and fined up to 100,000 yuan. Official cases illustrate these rules: delivery workers who bought cheap virtual numbers to claim discounts and resell goods were sentenced to three years and six months to three months of detention; another individual who exploited refund loopholes to obtain collectibles received three years of probation plus a 30,000‑yuan fine; a group that abused new‑user coupons across nineteen provinces was prosecuted, with several leaders receiving three‑year‑and‑six‑month sentences. One offender managed to secure 1156 yuan in illicit gains, while another obtained 224 yuan through similar tactics. Furthermore, a third individual was found to have earned 249,000 yuan, and a fourth secured 330,000 yuan via fraudulent means. In yet another instance, a person obtained 70 yuan in unauthorized discounts, and another managed to gain 2,000,000 yuan through such actions. Finally, one individual succeeded in acquiring 163 yuan, and another secured 34 yuan in illicit profits. - Evidence grade: A - Sources:全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百五十三条之一、第二百六十六条、第二百九十五条）. （北京市公安交通管理局转载）；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）. ；全国人大常委会 (2022). 反电信网络诈骗法（第十四、三十一、三十八、四十二、四十四条）. ；全国人大 (2020). 民法典（第九百八十五条）. ；最高人民检察院 (2021). 剑指电信网络诈骗｜不法分子盯上了电商经济的漏洞（检察日报）. ；最高人民检察院 (2025). 如此「薅羊毛」涉嫌诈骗（检察日报）. ；最高人民检察院 (2024). 辽宁朝阳龙城区：办理系列电信网络诈骗案（法治日报）. - Notes: The key distinction is not how much you obtain, but whether you create false identities. Using your own real identity, one account per promotion, and applying the discount to yourself is perfectly allowed. Registering fake users, fabricating transactions, or concealing prior refunds to trick a platform into granting extra discounts is classified as fraud; the monetary amount only determines the length of the sentence. Even if the sum is below the criminal threshold, platforms may still ban accounts, revoke discounts, and demand repayment. Mere participation in telecom‑fraud schemes, even without meeting criminal criteria, can result in detention and fines. Being guided by others or paid per transaction does not change the nature of your own actions. Teaching fraud techniques or selling accounts and phone numbers are separate offenses that are punished cumulatively. ### 9. Never throw anything from balconies or windows — cigarette butts, trash bags, and bottles all count - Cost: This costs nothing and takes no time at all. Simply bring cigarette butts, trash bags, and bottles indoors and toss them in the household trash bin; never throw them out of windows or from balconies. - In plain terms: Even if you throw something from a height and do not hit anyone, you can still be detained for up to 5 days and fined 1,000 yuan. For more serious cases, the detention period rises to 10–15 days. If your actions do end up hitting someone, the charges become even more severe. For example, a man who was drunk on the 21st floor threw empty bottles and glass cups down to a playground below, striking a 13-year-old student and leaving them with serious injuries; he was sentenced to 10 years in prison. Another individual threw 8 bricks from the 32nd floor, killing one person; in 2024, the Supreme People’s Court approved a death sentence for this offender. - Benefit: Throwing objects from heights or other elevated locations can lead to detention for up to 5 days or a fine of up to 1,000 yuan, provided there is any risk of harming people, damaging property, or threatening public safety. For more serious violations, the detention period rises to 10–15 days, plus an additional fine of up to 1,000 yuan. If the act meets the criteria for the crime of throwing objects from heights, the offender faces up to 1 year in prison, plus a fine imposed either alongside the sentence or on its own. Cases involving injury or death to others are prosecuted under even stricter criminal statutes. A notable official case involves Li, who threw empty bottles and glass cups from the 21st floor while intoxicated; he struck a 13-year-old student with severe injuries, resulting in a 10-year sentence for endangering public safety via dangerous acts. Another case involves Zhou, who hurled 8 bricks at a crowd from the 32nd floor, killing one person; his death sentence was approved by the Supreme People’s Court in 2024, marking a nationwide precedent. - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十三条）. ；全国人大常委会 (2020). 刑法修正案（十一）（第三十三条，即刑法第二百九十一条之二）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百九十一条之二）. ；最高人民法院 (2024). 依法惩治危害公共安全犯罪典型案例（案例一）. ；最高人民法院 (2025). 专访最高法副院长李勇：让高空抛物行为人都能被处罚. - Notes: Detention can be imposed even if no one is harmed, as the law only requires proof of a potential risk. The Civil Code also contains a separate provision on civil compensation related to objects thrown from heights (Article 1254). At the time of writing, we were unable to access the original legal texts, so no direct citations are included here. ### 10. Do not buy imitation guns, BB guns, or air rifles online; avoid “toy guns” of unknown origin - Cost: No cost involved. If you want to shoot, visit a licensed shooting range. - In plain terms: Any BB gun or air rifle purchased online that meets or exceeds a muzzle energy threshold of 1.8 joules per square centimeter is classified as a firearm. Possessing such a gun without a permit can lead to a sentence of up to 3 years in prison; more serious cases may result in 3 to 7 years. In one case, a couple sold “toy guns” at a local market. Of the 43 guns seized, 18 were confirmed to meet firearm standards. Since there was insufficient evidence to prove they knew these items were firearms, they were not prosecuted due to evidentiary doubts. - Benefit: Unauthorized possession or concealment of firearms without a permit is punishable by up to 3 years in prison; more serious cases may lead to 3 to 7 years. Non-standard guns that cannot fire standard ammunition are still classified as firearms if their muzzle energy meets or exceeds 1.8 joules per square centimeter. This energy value refers to the amount of energy per square centimeter carried by a projectile at the moment it leaves the barrel. Many BB guns and air rifles bought online exceed this threshold. Since 2018, the Supreme People’s Court and Supreme People’s Procuratorate have required that for air rifles with relatively low muzzle energy, factors such as appearance, material, price, intended use, and the owner’s awareness must be evaluated before determining whether a conviction is warranted. Official case example: The aforementioned couple sold “toy guns” at a market; 18 of the 43 seized guns met firearm standards. Due to insufficient evidence proving they knew these were firearms, they were not prosecuted on grounds of evidentiary uncertainty (nationwide). - Evidence grade: A - Sources:全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第一百二十八条）. ；最高人民法院、最高人民检察院 (2018). 关于涉以压缩气体为动力的枪支、气枪铅弹刑事案件定罪量刑问题的批复（法释〔2018〕8 号）. ；最高人民法院 (2018). 《批复》的理解与适用. - Notes: The key factor in deciding not to prosecute this case was the determination that the couple “had no knowledge” of the items being firearms. It is difficult for adults who deliberately purchase BB guns or air rifles online to later claim they had no idea they were firearms. This section does not include any verified information on how crossbows or controlled knives are regulated, so no details are provided here. ### 11. Register drones with your real name first; never fly near airports, military zones, or restricted urban airspace, and don’t tamper with altitude limits - Cost: Registering your drone is free and takes just a few minutes. Before every flight, check via official channels to confirm whether the area you plan to fly in is a restricted zone. - In plain terms: Flying a drone without proper registration can result in a fine of up to 200 yuan; repeat or serious violations may incur fines ranging from 2,000 to 20,000 yuan. Flying in restricted airspace without authorization carries a maximum fine of 500 yuan; in severe cases, the drone is confiscated and additional fines of 1,000–10,000 yuan apply. Serious violations may also lead to detention for 5–10 days. One individual paid to remove altitude restrictions on his drone, flew it to nearly 3,000 meters to capture cloud images, and posted the footage online; he was subsequently detained for 5 days. - Benefit: Operators who fly without registration may be ordered to correct the issue and face fines up to 200 yuan; repeat or serious violations can lead to fines of 2,000–20,000 yuan. Flying micro, light, or small drones in restricted airspace without approval results in an order to cease flight and a fine of up to 500 yuan; in severe cases, the drone is confiscated and fines of 1,000–10,000 yuan apply. Serious violations involving unauthorized flight in restricted zones may also result in detention for 5–10 days. Official examples include: Mr. Li paid to bypass altitude limits, flew his drone to nearly 3,000 meters to photograph clouds and posted the footage online; he was detained for 5 days. Mr. Zhang helped others bypass altitude and no‑fly zone restrictions on over 20 drones, earning more than 15,000 yuan; he was convicted of providing programs or tools used to illegally access or control computer systems, sentenced to 6 months in prison with a 1‑year probation period, and fined (nationwide, effective January 2024). - Evidence grade: A - Sources:国务院、中央军委 (2023). 无人驾驶航空器飞行管理暂行条例（国令第 761 号，第十、十九、四十七、五十一条）. ；全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十六条）. ；湖北省公安厅 (2026). 公安部公布依法打击无人机「黑飞」违法犯罪八起典型案例（转载人民公安报）. - Notes: Micro and light drones may be flown in permitted airspace without prior approval. A micro drone is defined as one weighing less than 0.25 kilograms. Permitted airspace refers to all areas outside of restricted zones; airports, military installations, and government complexes are typically classified as restricted zones. The original Ministry of Public Security page detailing these rules could not be accessed at the time of writing; therefore, information was drawn from a republished page maintained by the Hubei Provincial Public Security Department. ### 12. Do not secretly film others, nor install cameras in rented apartments, homestays, or hotel rooms - Cost: There is no cost involved, nor does it require any time investment. Simply avoid secretly filming others or installing cameras in rented apartments, homestays, or hotel rooms. - In plain terms: Secretly watching, filming, or distributing someone else’s private information can lead to 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. Using dedicated secret filming equipment that results in severe consequences can result in a sentence of up to 2 years in prison. In one case, two individuals purchased secret filming equipment online and installed it in multiple rooms across three hotels to film remotely; they were sentenced to 1 year and 3 months and 1 year respectively. Installing surveillance cameras in your own home is permitted, but doing so in rooms used by others is prohibited. - Benefit: Those found guilty of secretly watching, filming, eavesdropping on, or distributing someone else’s private information 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, plus an additional fine of up to 1000 yuan. Unlawful use of dedicated eavesdropping or secret filming equipment that causes serious harm can result in a sentence of up to 2 years in prison. Dedicated eavesdropping or secret filming equipment refers to devices specifically designed for covert listening or filming. Official case example: Yan Mouping and Yan Moujian purchased secret filming equipment online and installed it in multiple rooms across three hotels to film remotely; they were sentenced to 1 year and 3 months and 1 year respectively (nationwide). - 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）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百八十四条）. ；最高人民法院 (2024). 依法惩治非法生产、销售、使用窃听、窃照设备犯罪典型案例（案例二）. - Notes: If any material secretly filmed is sold or distributed, additional charges such as producing or trafficking obscene materials for profit may apply; in the same batch of cases, one individual was sentenced to 10 years in prison. Installing surveillance cameras in your own home is permitted, but doing so in rooms used by others is prohibited. ### 13. Mahjong and poker can be played — no rake, no banker role, no organizing paid games, no online gambling - Cost: No expense at all. Small‑stakes games among friends are perfectly fine. There’s no rake, no banker duty, and no money collected for organizing the game. The hard part is resisting the urge to step in when someone else tries to run the game. - In plain terms: Playing low‑stakes card games with friends is completely legal. However, once you start taking a cut of the pot, acting as banker, or charging money to organize the game, the activity becomes illegal: anyone involved in gambling with relatively large stakes can face up to 5 days in detention or a fine of up to 1,000 yuan. Those who run gambling dens or make a living from gambling may be sentenced to up to 3 years in prison; casino operators can be sentenced to up to 5 years. Exactly what amount counts as “relatively large stakes” varies by region — there is no single national threshold. - Benefit: Providing facilities or services for gambling in order to make money, or taking part in gambling with relatively large stakes, can lead to up to 5 days in detention or a fine of up to 1,000 yuan. In more serious cases the penalty rises to 10–15 days in detention and a fine of 1,000–5,000 yuan. Organizing gambling sessions for profit or relying on gambling as a livelihood can result in up to 3 years in prison and a fine. Casino operators face up to 5 years in prison and a fine; repeat offenders may be sentenced to 5–10 years (nationwide). - Evidence grade: B - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第八十二条）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第三百零三条）. ；全国人大常委会 (2020). 刑法修正案（十一）（第三十六条，开设赌场刑期提高到五年以下、五年以上十年以下）. - Notes: Because there is no uniform national definition of “relatively large stakes” — each region sets its own limit — this recommendation is rated B only. Taking a cut of the pot or acting as an intermediary for online gambling platforms is often treated as running a casino under the law. The original judicial interpretations cited here have not been independently verified, and no official case examples could be found. ### 14. Do not eat wild animals; do not buy, sell, or keep protected species as pets - Cost: No cost involved. Only purchase pets that are legally sourced and bred in captivity. - In plain terms: If you eat a nationally protected animal, the animal will be confiscated and you will be fined 2 to 20 times its market value. Those who purchase, transport, or sell precious and endangered animals face up to 5 years in prison; repeat offenders may be sentenced to 5 to 10 years. However, this rule does not apply to animals bred in captivity: in one case, three breeders sold over 40 captive-bred rose-ringed parakeets worth less than 400 yuan total, and prosecutors chose not to press charges. This exemption does not cover animals caught in the wild or those with unclear origins. - Benefit: Consuming or purchasing nationally protected wildlife results in confiscation of the animal and a fine of 2 to 20 times its value. Breeding such animals without a permit also leads to confiscation and a fine of 1 to 10 times the animal’s value. Illegal trade of protected species and their products carries up to 5 years in prison and financial penalties; repeat offenders face 5 to 10 years, and those committing especially serious violations may be sentenced to over 10 years. Hunting, buying, transporting, or selling other terrestrial wildlife for consumption is punishable by up to 3 years in prison if done on a large scale. A notable case: in 2021, three breeders sold over 40 captive-bred rose-ringed parakeets (a second-class protected species) worth less than 400 yuan total, and prosecutors decided not to prosecute. Since 2022, China’s top courts have clarified that animals bred in captivity at scale for pet trade generally do not constitute a crime nationwide. - Evidence grade: A - Sources:全国人大常委会 (2022). 野生动物保护法（2022 年修订，第三十一、五十一、五十三条）. （生态环境部转载）；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第三百四十一条）. ；全国人大常委会 (2020). 刑法修正案（十一）（第四十一条，即刑法第三百四十一条第三款）. ；最高人民法院、最高人民检察院 (2022). 关于办理破坏野生动物资源刑事案件适用法律若干问题的解释（法释〔2022〕12 号，第十三条）. ；最高人民检察院 (2023). 鹦鹉小案 民生大案. - Notes: The exemption from criminal liability applies only to animals bred in captivity and sold as pets. It does not cover animals caught in the wild or those with unclear origins. The official list of protected species determines eligibility; checking this list before purchase can prevent future legal trouble. ### 15. You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave - Cost: There is no cost. If someone owes you money and refuses to pay, you can file a lawsuit in court. For guidance on drafting an IOU, see Section 8, Article 18. The real challenge is resisting the urge to physically restrain or follow the debtor home when they try to evade payment. - In plain terms: The money truly belongs to you, but you still cannot detain or confine the debtor. Laws explicitly state that detaining or confining someone solely to collect a debt is treated as illegal imprisonment. In minor cases, offenders face 10–15 days of detention plus fines ranging from 1,000 to 2,000 yuan. If the act constitutes illegal imprisonment, penalties include up to 3 years in prison; serious injury results in 3–10 years, and death warrants 10+ years. To collect a debt, always file a lawsuit in court. - Benefit: Illegally restricting another person’s freedom, unlawfully entering their home, or conducting unauthorized searches leads to 10–15 days of detention and fines of 1,000–2,000 yuan. Less severe cases incur 5–10 days of detention and fines under 1,000 yuan. Illegal imprisonment is punishable by up to 3 years in prison, short-term detention, restricted movement, or loss of political rights. Severe injury or death brings 3–10 years or 10+ years respectively. These same penalties apply even when debt collection is legitimate (nationwide). - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十七条）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百三十八条）. - Notes: The statement “They truly owe me money” holds no legal weight here. Laws explicitly classify debt-related detentions as illegal imprisonment. Multiple court rulings on China’s judicial portal show individuals detained for up to 1 year while attempting to collect lawful debts. At the time of writing, this portal was inaccessible, so no citations could be included. ### 16. Do not lend your ID card, do not use someone else’s ID card, and do not register, open accounts, or buy tickets using another person’s documents - Cost: No expense involved. If someone asks to borrow it, simply refuse. If a copy is required, clearly note on the copy what specific purpose it is intended for. - In plain terms: Lending, renting, or transferring your resident ID card to another person results in a warning and a fine of up to 200 yuan. Using someone else’s ID card or an ID card obtained fraudulently carries a fine of 200–1,000 yuan or detention for up to 10 days. In situations requiring real-name registration—such as buying train tickets or checking into hotels—using a forged or someone else’s ID card may, in serious cases, lead to criminal penalties including detention or surveillance. - Benefit: Lending, renting, or transferring one’s resident ID card to another person results in a warning and a fine of up to 200 yuan. Using someone else’s ID card or an ID card obtained fraudulently carries a fine of 200–1,000 yuan or detention for up to 10 days. The same penalties apply to buying, selling, or using forged or altered ID cards. Many situations legally require presentation of identification; using forged, altered, or stolen documents in such cases can lead to criminal sentencing. Such documents include ID cards, passports, social insurance cards, and driver’s licenses. Penalties may include detention (short-term imprisonment) or surveillance (restrictions on movement without imprisonment), often combined with a fine; in some cases only a fine is imposed nationwide. - Evidence grade: A - Sources:全国人大常委会 (2011). 居民身份证法（2011 年修正，第十六、十七条）. （北京市公安交通管理局转载）；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百八十条之一）. ；国务院 (2002). 互联网上网服务营业场所管理条例（国令第 363 号，第二十三条）. - Notes: Lending your ID card could allow it to be used to register a company or open bank accounts; the consequences of such actions are described in Sections 8.28 and 8.8 (do not serve as a nominal legal representative or lend your bank card to others). Using someone else’s ID card to buy train tickets or check into hotels falls under activities requiring valid identification per law. No official case examples were found for this provision. When using internet cafés, always present your own ID; cafés must verify and record ID details, retaining records for at least 60 days for inspection by police and cultural authorities. Any activity performed on a computer using someone else’s ID is legally attributed to that person. ### 17. Cooperate when stopped or taken away by police — don’t push, hit, or grab their body cameras; especially if you’ve been drinking, stay calm - Cost: No cost at all. Simply refrain from any actions on the spot. If you have complaints, you can raise them later — file a complaint, apply for administrative reconsideration, or even sue in court. The hard part is keeping your temper in check during those few minutes of being stopped, particularly when you’re under the influence of alcohol. - In plain terms: Simply refusing to comply with police orders can result in a warning or a fine of up to 500 yuan; more serious cases may lead to detention for 5 to 10 days. Using physical force against officers falls into a separate category: biting, slapping, kicking, tackling, or throwing objects that cause even minor injuries is classified as violent assault on police, punishable by up to 3 years in prison. If weapons, controlled knives, or a vehicle are used, the sentence rises to 3 to 7 years. Simple acts like pulling away or resisting lightly do not count as violence. - Benefit: Refusing to comply with lawful police orders carries a warning or a fine of up to 500 yuan; repeat or more serious offenses can bring detention for 5 to 10 days plus an additional fine of up to 1,000 yuan. When the officers involved are regular police, penalties become stricter. Committing violent acts against officers performing their duties is punishable by up to 3 years in prison; using weapons, knives, or a vehicle to endanger their safety can lead to 3 to 7 years behind bars. Only actions that result in actual physical harm — such as biting, slapping, kicking, tackling, or throwing objects — qualify as “violent assault.” Merely trying to pull away or resisting lightly does not meet this threshold (applies nationwide). - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第六十一条）. ；全国人大常委会 (2020). 刑法修正案（十一）（第三十一条，即刑法第二百七十七条第五款）. ；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百七十七条）. ；最高人民法院、最高人民检察院 (2025). 关于办理袭警刑事案件适用法律若干问题的解释（高检发释字〔2025〕1 号，第一、八、十二条）. ；最高人民检察院 (2021). 袭警罪入刑一月 检察机关批捕 405 人. - Notes: According to a 2021 report by China’s Supreme People’s Procuratorate, in the first month after laws specifically criminalizing assaults on police took effect, 405 arrests were approved. In Jiangsu Province, 47.6% of 42 reported cases involved individuals acting out while intoxicated. In Hubei Province, 12 out of 16 cases involved only minor physical contact such as punching, slapping, or biting. Attacking auxiliary police officers is also treated under the crime of obstructing official duties. No official case examples detailing individual circumstances were found for this specific provision. ### 18. Sexual relations with anyone under 14 are illegal; “she consented” is not a defense - Cost: No cost at all. If you’re unsure about the other person’s age, do not engage in any sexual activity. - In plain terms: Any sexual contact with a person under 14 is treated as rape, regardless of whether they consented. Such acts incur harsher penalties, with a baseline sentence of 3 to 10 years in prison. If the victim is under 12, it is automatically assumed that the perpetrator “should have known” their age. For victims aged 12 to 14, if the perpetrator can tell from their physical development, speech, behavior, or clothing that they are minors, and still proceeds, they are deemed to have “known” the victim was underage. The exception of “genuinely unaware of the victim’s age” is strictly limited in application. - Benefit: Sexual contact with anyone under 14 is classified as rape and punished more severely, with a standard sentence of 3 to 10 years. According to official judicial guidelines, any use of violence or coercion to commit such acts counts as rape, regardless of whether the perpetrator knew the victim was a minor. Without coercion, it is automatically assumed that perpetrators know the victim is under 12. For victims aged 12 to 14, if the perpetrator can tell from their physical traits, speech, behavior, or clothing that they are minors and still proceeds, they are deemed to have “known” the victim was underage. The exception of “genuinely unaware of the victim’s age” is strictly limited nationwide. - Evidence grade: A - Sources:全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百三十六条）. ；最高人民法院 (2015). 关于「与十四周岁以下幼女发生性关系是否要明知才构成犯罪」的答复. - Notes: At the time of writing, the original documents issued by the Supreme People’s Court and other judicial authorities regarding handling criminal cases involving sexual abuse of minors, as well as the 2003 official reply from the Supreme People’s Court, could not be accessed. Therefore, the criteria for determining “knowledge of the victim’s age” cited here are based on an official response posted on the Supreme People’s Court website. The legal texts use the term “minor girl.” This guideline applies to all perpetrators, regardless of gender. ### 19. Do the math before you hit someone: detention, fines, and prison time - Cost: There’s no monetary cost or time investment required. The hard part is those few seconds right before you decide to strike. - In plain terms: The immediate consequences of throwing a single punch: detention for 5 to 10 days plus a fine of 500 to 1,000 yuan. If the injury is classified as minor, it becomes a criminal offense, leading to up to 3 years in prison; for serious injuries, the sentence ranges from 3 to 10 years. Additional financial costs apply: one individual who broke three ribs in another person was required to pay 113,000 yuan to settle the case out of court, thereby avoiding prosecution. Another person who fractured the radius bone in a victim’s arm received a 10-month prison sentence after refusing to pay compensation. - Benefit: For simple assaults or intentional harm, offenders face detention for 5 to 10 days and fines of 500 to 1,000 yuan. Those who act in groups, target vulnerable individuals such as pregnant women, the elderly, or children, repeat offenders, or individuals who assault multiple victims at once receive harsher penalties: detention for 10 to 15 days and fines of 1,000 to 2,000 yuan. Minor injuries trigger criminal liability for intentional harm, resulting in up to 3 years of imprisonment, short-term detention, or restricted freedom without incarceration. Serious injuries carry sentences from 3 to 10 years. Civilly, offenders must pay for medical care, lost wages, nursing services, transportation, hospital meal allowances, and nutritional support. In cases resulting in permanent disability, additional compensation based on 20 years of average urban disposable income (adjusted downward after age 60 and capped at 5 years for those over 75) must also be paid. In 2022, Chinese prosecutors handled over 70,000 minor injury cases, most stemming from family disputes, neighborhood conflicts, or isolated incidents. Notable examples include Lu, who broke three ribs (minor injury level 2) and avoided prosecution after paying 113,000 yuan in compensation; and Shi, who fractured a radius bone (minor injury level 2) and received a 10-month sentence due to his refusal to compensate the victim. (National regulations effective 1 January 2026.) - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第九、五十一条）. ；全国人大 (1997). 刑法（第二百三十四条）. ；最高人民法院 (2022 修正). 关于审理人身损害赔偿案件适用法律若干问题的解释（法释〔2022〕14 号，第六至十二、十五条）. ；最高人民检察院、公安部 (2023). 关于依法妥善办理轻伤害案件的指导意见. ；最高人民检察院 (2023). 检察机关依法妥善办理轻伤害案件典型案例. - Notes: For guidance on conflict prevention, why initiating violence is disadvantageous, and the limits of self-defense, refer to Section 8, Article 10. This section solely outlines financial and legal consequences. Information on retaliatory violence is provided in Sections 8, Articles 11 through 14. In minor disputes arising from interpersonal conflicts, police may facilitate mediation. Even when compensation is paid and accepted, offenders still face legal penalties; such payments do not exempt them from punishment. The precise criteria defining “minor injury” are set by official assessment standards not detailed here. Actual compensation amounts for lost wages and nursing services depend on individual circumstances and lack standardized figures. ### 20. If parents cannot care for their newborn, the only legal option is to register the adoption with the civil affairs bureau: paying someone to hand over the child may be prosecuted as child trafficking, while abandoning the child constitutes abandonment - Cost: There is no monetary cost. However, submitting documents to a civil affairs bureau at or above the county level, waiting for review, and undergoing an adoption assessment all require time and effort. - In plain terms: There is a legal way out for parents who cannot raise their child, but it is limited to registering the adoption with the civil affairs bureau; the adoption relationship becomes official only on the date of registration. Privately handing over a child — especially for payment — can transform what appears to be “voluntary placement” into child trafficking, a crime punishable by a minimum sentence of five years. Conversely, leaving a child unattended and refusing to provide care may be classified as abandonment, carrying a maximum penalty of five years. - Benefit: Article 240 of the Criminal Law states: “Whoever traffics in women or children shall be sentenced to not less than five years but not more than ten years of fixed-term imprisonment and shall also be fined. In cases involving aggravating circumstances, the sentence shall be not less than ten years of fixed-term imprisonment or life imprisonment, with a fine or confiscation of property; in especially serious cases, the offender shall be sentenced to death, with property also confiscated.” Article 17 of the “Opinions on Punishing Crimes of Trafficking in Women and Children” clarifies how to distinguish between voluntary placement and trafficking, emphasizing that the decisive factor is whether the perpetrator seeks illegal profit. Three scenarios qualify as selling one’s own child: (1) using childbirth as a means to profit and then selling the child; (2) knowingly transferring the child to someone without any intention of raising him/her, solely for monetary gain; (3) accepting sums far exceeding reasonable “support fees” or “gratitude payments.” Conversely, if no profit motive exists and the transfer is motivated by genuine hardship, with only modest compensation paid, it remains lawful placement. Article 261 of the Criminal Law further stipulates: “Any person who, being obliged to care for an elderly, young, sick, or otherwise dependent individual, refuses to do so under egregious circumstances shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or public surveillance.” Under Article 1094 of the Civil Code, only three parties may legally place a child for adoption: guardians of orphans, child welfare institutions, and biological parents unable to care for their child. Finally, Article 1105 mandates that adoption must be registered with a civil affairs bureau at or above the county level; the adoption relationship becomes effective only upon such registration. - Evidence grade: A - Sources:全国人大 (1997). 刑法（第二百四十、二百六十一条）. ；最高人民法院、最高人民检察院、公安部、司法部 (2010). 关于依法惩治拐卖妇女儿童犯罪的意见（法发〔2010〕7 号，第 17 条）. 最高人民法院官网 ；全国人大 (2020). 民法典（第一千零九十四、一千一百零五条）. 盐城市人民政府转载收养编全文 - Notes: This section does not address whether or not to have children; it solely outlines the legal pathway following childbirth. The recommended sequence is as follows: first, give birth in a hospital; prenatal care and delivery details are covered in Section 27. The birth certificate is a prerequisite for all subsequent procedures. Second, if placement is desired, contact the civil affairs bureau directly — never use intermediaries. Any transfer of money may alter the legal characterization of the act. Should suicidal thoughts or intentions to harm the child arise within the first year postpartum, immediate emergency care is required. A list of hospitals to visit during pregnancy and after delivery appears in Section 27, item 7. The 42‑day postpartum checkup also serves as a screening for postpartum depression (Section 27, item 16). In case of suicidal ideation, call 12356 (Section 1, item 25). No concrete case examples are provided here; official case studies involving trafficking of one’s own children were not individually verified for this edition, so only statutory provisions and excerpts from relevant opinions are cited. ### 21. Don’t fabricate accidents or exaggerate damages to defraud insurance payouts: this is insurance fraud, and anyone helping you testify, assess damage, or repair your vehicle is equally liable - Cost: There is no cost and no time required. All you have to do is simply refrain from committing this act. - In plain terms: Deliberately fabricating an accident or inflating the extent of damage to obtain insurance money is a criminal act of insurance fraud. If the amount involved is relatively large, the offender faces up to five years in prison and a fine ranging from 10,000 to 100,000 yuan. Even seeking outside help does not exempt you from liability: anyone who provides false testimony, damage assessments, or property evaluations to assist in the fraud is treated as an accomplice and prosecuted alongside you. In a case from Xuancheng, Anhui, eight individuals including Wang were sentenced to between two and four years in prison and fined 10,000 yuan each. The judgment in this case was issued on September 26, 2019. - Benefit: Article 198 of the Criminal Law outlines five specific scenarios constituting insurance fraud. (1) The policyholder invents a completely nonexistent insured object. (2) The policyholder, insured, or beneficiary fabricates false causes for an actual accident or exaggerates its impact. (3) An accident that never occurred is falsely reported. (4) The policyholder or insured deliberately causes property damage to trigger a claim. (5) The policyholder or beneficiary intentionally causes the death, injury, or illness of the insured. For relatively large sums, offenders receive up to five years in prison and a fine of 10,000–100,000 yuan; for significantly larger sums or severe circumstances, the sentence rises to 5–10 years with a 20,000–200,000 yuan fine; for especially massive sums or grave consequences, the penalty exceeds ten years, with fines up to 200,000 yuan or confiscation of assets. This same article also holds any third parties who knowingly issue false documentation to facilitate fraud accountable as accomplices. Article 27 of the Insurance Law stipulates that insurers may void contracts and withhold premiums if false claims are filed without any actual incident. Should fraudulent documentation or exaggerated damage claims be submitted, insurers are not obligated to pay for the inflated portion and may demand repayment of any prior payouts. In a notable case, eight individuals were convicted of insurance fraud and fined 10,000 yuan each after a court overturned an earlier ruling that awarded over 70,000 yuan in compensation; the original judgment had been secured through forged vehicle transfer documents. The Anti-Insurance Fraud Measures, issued on July 31, 2024, mandate that both underwriting and claims departments actively monitor risk indicators while developing industry-wide fraud detection platforms and intelligence hubs. These systems are designed to flag suspicious patterns, which are then investigated by professional associations, anti-fraud agencies, and insurers. Cases suspected of criminal intent must be reported to law enforcement, while regulatory authorities are required to strengthen coordination between administrative enforcement and criminal prosecution. - 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）第一百九十八条. ；全国人大常委会 (2015 修正). 中华人民共和国保险法第二十七条. ；国家金融监督管理总局 (2024). 关于印发《反保险欺诈工作办法》的通知. ；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. - Notes: Several seemingly harmless practices actually fall under these five categories. For instance, asking a repair shop to overstate repair costs after a minor accident, attributing pre-existing damage to the incident, staging a collision with a friend, or fabricating an accident entirely. Regarding auto insurance, refer to Section 5, Article 26 for optimal coverage levels. In cases involving intentional harm to insured family members, multiple charges apply, as detailed in Section 8, Article 38. Separate regulations govern medical insurance fraud: unauthorized use of yibao (basic medical insurance) cards or illicitly withdrawing funds from personal medical accounts is also classified as fraud, as noted in Section 5, Article 13. ### 22. Don’t sell your own organs, and don’t help others find donors: a kidney brings in just over $20,000, but the same kidney can be sold to a patient for $200,000. All proceeds are seized, plus a fine of 10–20 times the transaction amount - Cost: There’s no expense or time involved. All you have to do is simply refrain from doing it. - In plain terms: There is no legal way to “match donors online and pay cash on the spot.” Living donors may only give organs to their spouses, direct blood relatives, or collateral relatives within three generations. Financially, it’s a poor deal: in a Beijing case, kidney sellers received only $20,000–$25,000, while the same kidney fetched $180,000–$220,000 when sold to a patient. All money earned is confiscated, followed by a fine of 10–20 times that amount. The physical toll of losing a kidney is described in Section 1, Item 35 (the remaining kidney then has to perform the work of two). In total, 28 people were convicted in this case, and the total illegal proceeds amounted to 10.34 million yuan. - Benefit: Article 5 of the Regulations on Human Organ Donation and Transplantation states: “No organization or individual may buy or sell human organs in any form, nor engage in any activities related to such transactions.” Article 10 adds: “No organization or individual may obtain living organs from anyone under 18 years of age for transplant purposes.” Article 11 limits recipients of living organs to spouses, direct blood relatives, or collateral relatives within three generations. Article 37 specifies penalties for organ trafficking. Offenders face seizure of all illegal profits and fines of 10–20 times the transaction value, imposed by local health authorities. Medical staff involved may have their licenses revoked and be permanently barred from practicing medicine. Criminal acts are prosecuted under criminal law (effective May 1, 2024; the previous Regulations on Human Organ Transplantation are hereby repealed). Article 234-1 of the Criminal Law stipulates: “Anyone who organizes others to sell their organs shall be sentenced to up to five years in prison and fined; repeat offenders face more than five years in prison, fines, or asset confiscation.” Three additional scenarios are punished under Articles 234 and 232: removing organs without consent, removing organs from anyone under 18, or coercing or deceiving someone into donation — all treated as intentional injury or homicide. Two notable cases illustrate these risks. First, in 2014, 15 defendants in Beijing were convicted of trafficking 51 kidneys; donors received only $20,000–$25,000 each, while patients paid $180,000–$220,000 per kidney. The operation took place in a rundown, unequipped building rented for $7,500 per month; the ringleader got 12 years, others 3.5–9 years. Second, a 17-year-old in Chenzhou sold his right kidney in 2011 for $22,000; the buyer paid intermediaries $150,000 plus $10,000, and the mastermind kept $56,000. Post‑surgery, the teen suffered permanent kidney damage, classified as serious injury and a third‑degree disability. In total, 190,000 yuan and 210,000 yuan were also confiscated from the offenders as part of these penalties. - Evidence grade: A - Sources:国务院 (2023). 人体器官捐献和移植条例（国务院令第 767 号，第五、十、十一、三十七条）. ；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）第二百三十四条之一. ；最高人民检察院 (2012-04-09). 「少年卖肾买苹果手机」案诉至法院. ；河北省廊坊市中级人民法院官网转载 (2014-09-02). 全国最大贩肾案终审 组织者摘肾 51 枚获利千万. - Notes: The real beneficiary is yourself. The true cost of this “deal” isn’t just $20,000; it’s trading a vital organ for a smartphone. The teen’s injury was deemed serious and permanently disabling — not something a few months of rest can fix. Prosecutors charged five defendants under Article 234‑2 for intentional injury, partly because doctors failed to verify the donor’s age before surgery. Today, organizers would be convicted under the organ‑trafficking statute, while removing organs from minors would still be treated as intentional injury. Black‑market operations occur in rented apartments or makeshift clinics, lacking proper screening, follow‑up, or accountability. If you wish to donate, follow Article 11: use a licensed transplant center, obtain ethics‑committee approval, and do it free of charge. Post‑mortem donation is a separate, voluntary process not covered here. The physical consequences of losing a kidney are detailed in Section 1, Item 35 (the remaining kidney then has to work for two). When money is so tight that selling an organ seems like an option, first explore Section 7’s safety nets — unemployment insurance, emergency aid, and dibao. Beware of online loans and “packaging‑material” financing schemes described in Section 6. ### 23. Don’t engage in prostitution: the default penalty is 10–15 days in detention, not just a fine - Cost: There is no cost and no time required. All you need to do is simply refrain from it. - In plain terms: Getting caught doesn’t just result in a minor fine. Statutory law stipulates that the default penalty is 10–15 days of administrative detention, plus a possible fine of up to 5,000 yuan. Only in cases where circumstances are relatively minor might the penalty be limited to 5 days of detention or a fine of up to 1,000 yuan. Additionally, knowingly engaging in prostitution while infected with syphilis or gonorrhea constitutes a criminal offense, punishable by up to five years in prison. - Benefit: Article 78 of the Law on Administrative Penalties for Public Security stipulates that individuals convicted of prostitution or soliciting prostitutes face 10–15 days of administrative detention, with a possible fine of up to 5,000 yuan. For less serious cases, the penalty may be 5 days of detention or a fine of up to 1,000 yuan. Those who solicit customers in public spaces also face similar penalties. Article 79 states that anyone who lures, shelters, or arranges prostitution is subject to 10–15 days of detention and a fine of up to 5,000 yuan; less serious cases incur 5 days of detention and a fine ranging from 1,000 to 2,000 yuan. Article 87 provides that employees of hotels, restaurants, entertainment venues, or taxi services who aid or facilitate prostitution activities face 10–15 days of detention. Article 360 of the Criminal Law criminalizes knowingly spreading sexually transmitted diseases such as syphilis or gonorrhea through prostitution; offenders may be sentenced to up to five years in prison and fined. (National application; Law on Administrative Penalties for Public Security effective 1 January 2026.) - Evidence grade: A - Sources:全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第七十八、七十九、八十七条）. ；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）第三百六十条. （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）（第四十三条，删去刑法第三百六十条第二款）. - Notes: This detention is administrative in nature, meaning offenders are held in a detention center rather than merely paying a fine. Those who arrange or provide venues for prostitution face identical penalties under Article 79. Employees of hotels or entertainment venues who assist clients in evading law enforcement are also subject to 10–15 days of detention under Article 87. Previously, Article 360 included a provision criminalizing statutory rape of minors; this was removed via the 2015 Ninth Amendment to the Criminal Law, meaning such acts are now prosecuted as rape. Any services advertised as “on‑site wellness” or “massage” are still treated as prostitution based on actual conduct. Health risks related to sexually transmitted infections and HIV are addressed separately in Section 1, Item 30 (consistent condom use) and Section 13, Item 38 (post‑exposure prophylaxis within 72 hours). Precautions specific to entertainment venues are outlined in Section 22.