If you are cheated in online shopping or a secondhand deal, complain to the platform first, then call the police, then work out whether a lawsuit is worth it
- Moderate value
- Evidence A
- Saves money
- Costs a little
- Takes some hours
- Some willpower
In plain words
Start with the platform. Platforms have deposits and penalty rules, and handle things fastest. Then call the police: being cheated of 3,000 to 10,000 (1万) CNY or more is enough for the crime of fraud (诈骗罪), and the standard differs by province; below it, the case is handled as a public security punishment. If you want to go to court, an online shopping dispute can be filed in the court where you received the goods, and a small amount goes through the small-claims procedure (小额诉讼), which finishes within 2 months and can be filed online.
- Cost
-
Complaining to the platform and calling the police are both free. If you sue and the amount in dispute is within 10,000 (1万) CNY, the filing fee is 50 CNY, and it is halved again if the case goes through the simplified procedure, mediation or withdrawal. Filing, the hearing and enforcement each take at least half a day to a day, and filing online can save the trip. Keep the order, chat records, transfer records and shipping slips. The hard part is not giving up midway through the back and forth.
- What you get
-
Defrauding 3,000 CNY to 10,000 (1万) CNY or more amounts to "a relatively large amount" for the crime of fraud (诈骗罪), with a sentence of up to 3 years, plus a fine or a fine alone; each province sets its local standard within this range. Below the criminal standard, it is handled as a public security punishment: detention of 5 to 10 days (拘留), or a fine of up to 2,000 CNY. In more serious cases, detention of 10 to 15 days and a fine of up to 3,000 CNY may also be imposed. In civil matters, an online shopping contract dispute can be filed in the court where you received the goods, and you don't have to go to where the seller is. When the amount in dispute is 50% or less of the previous year's average annual wage of employed persons in the province, the small-claims procedure (小额诉讼) applies. A small-claims case is final at first instance (the judgment takes effect once given and can't be appealed). It must be concluded within 2 months of filing, and within 3 months under the simplified procedure. Civil proceedings can be conducted on online platforms, with the same effect as offline ones (China; Civil Procedure Law (民诉法) since January 2024, Public Security Administration Punishments Law (治安管理处罚法) since January 2026)
- Notes
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To judge whether it is worth fighting, you can do this: multiply your after-tax hourly pay by the time you will have to put in, then add the court's filing fee. Count half a day to a day each for filing, the hearing and possibly applying for enforcement. Compare the total with the money you want back, discount it, and estimate whether you could actually collect if you win. Decide whether to sue by this calculation. After the 2025 revision of the Public Security Administration Punishments Law, the article numbers all changed. Theft and fraud moved from old Article 49 to Article 58. After the 2023 amendment of the Civil Procedure Law, small-claims procedure is in Article 165. Don't copy either from old materials. "Complain to the platform first" is practical experience: platforms have deposits and penalty rules, and handle things fastest. Judicial Interpretation Fa Shi [2011] No. 7 (法释〔2011〕7 号) carries no document number on the procuratorate's website page, and the number is still to be checked against the Supreme People's Court's original page.
- Evidence grade
- A : Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
- Sources
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- Supreme People's Court, Supreme People's Procuratorate (2011). Interpretation on Several Issues Concerning the Specific Application of Law in Handling Fraud Criminal Cases [in Chinese] (Fa Shi [2011] No. 7, Article 1). https://www.spp.gov.cn/spp/sfjs/201802/t20180201_363736.shtml
- National People's Congress (1997). Criminal Law [in Chinese] (Article 266). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- National People's Congress Standing Committee (2025). Public Security Administration Punishments Law [in Chinese] (2025 revision, Article 58). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- National People's Congress Standing Committee (2023 amendment). Civil Procedure Law [in Chinese] (Articles 16, 164, 165 and 168). https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html (republished by the Shanghai Municipal Development and Reform Commission)
- Supreme People's Court (2022 amendment). Interpretation on the Application of the Civil Procedure Law [in Chinese] (Article 20). https://www.court.gov.cn/zixun/xiangqing/353651.html
- State Council (2006). Measures on the Payment of Litigation Costs [in Chinese] (State Council Order No. 481, Articles 13, 15 and 16). https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6929.htm
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Translated from the Chinese original. Original book, section 8, tip 22. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer