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§8 · 46 tips

Don't get dragged down: law and property

Who owns the bride price, a home bought before marriage, and large transfers made while dating? What is the first step if someone reports you or makes up facts about you? How much does coming forward on your own reduce a sentence, and can you pursue or claim damages afterward?

Tips from this section that apply in the United States. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer.

Remember the hard rules against fraud: don't trust incoming calls, don't give out information, don't click links, double-check before any transfer; the seven most common scams all have this shape

If anyone asks you to transfer money, share your screen, download an unfamiliar app, click a link or read out a verification code, hang up first, then call back on an official number to check. The seven most common types are fake order-boosting for rebates (刷单返利), fake investment and wealth products, online loan scams, impersonated customer service, impersonated police, prosecutors and courts, "pig-butchering" romance scams (杀猪盘) and seduction-bait fake-task scams (色诱刷单). All of them want you to send money first. Recognizing them beforehand is much cheaper than chasing the money afterward.

  • High value
  • Evidence B
  • Saves money

Don't treat a face on video or a voice on the phone as verification; hang up before any transfer and call back on an old number from your own contacts

Seeing a face and hearing a voice do not count as verification. Whenever a transfer is involved, hang up first, then call back on an old number saved in your own contacts, or ask someone you both know. If the other person says "the signal is bad" or "I'm in a meeting" and won't video-call face to face, treat it as a scam.

  • High value
  • Evidence B
  • Saves money

Don't touch the steering wheel after drinking, including electric bikes and "just moving the car"

Drunk driving costs you a 6-month license suspension and a fine of 1,000 to 2,000 CNY. A repeat offense brings detention (拘留) and license revocation. Drunken driving (醉驾) means immediate revocation, no retaking the test for 5 years, criminal liability for the crime of dangerous driving (危险驾驶罪) and a criminal record, which affects political background checks (政审) and some careers. Insurance will not help either: car insurance pays nothing when you drove after drinking. "Just moving the car" counts as driving.

  • High value
  • Evidence A
  • Keeps you free

Call the police and don't hit back when a conflict starts; the one who throws the first punch almost always loses

Hitting someone brings detention of 5 to 10 days (拘留) and a fine of 500 to 1,000 CNY. Hitting in a group, hitting an elderly person, a pregnant woman, a child or a disabled person, or hitting people repeatedly brings detention of 10 to 15 days and a fine of 1,000 to 2,000 CNY. Causing a minor injury (轻伤) is a criminal case with a sentence of up to 3 years, and a serious injury (重伤) 3 to 10 years. When two people hit each other, it is not justified self-defense (正当防卫), and the one who struck first almost always comes off worse. Moving to a place with people around and calling the police works better than fighting back.

  • High value
  • Evidence A
  • Keeps you free

Treat thoughts like "take someone down with me" or "die together" as an emergency: leave the scene, hand your car keys and knife to someone else, and call 12356

The window from the moment such a thought appears to acting on it is short. Of 82 people who survived a suicide attempt, 47.6% said that no more than 10 minutes passed between the first thought and the act. So what you need to do is not "think it through," but put one step of distance between yourself and the steering wheel, the knife, the gas valve and the rope, and get through those ten minutes. Then call 12356 (China's national mental-health hotline).

  • High value
  • Evidence B
  • Keeps you free

Don't curse, spread rumors or forward unchecked claims online; if you are cyberbullied, keep evidence first, then call the police

Publicly cursing someone or spreading defamatory rumors brings detention of up to 5 days (拘留), or a fine of up to 1,000 CNY, and detention of 5 to 10 days in more serious cases. In serious cases it is the crime of insult (侮辱罪) or defamation (诽谤罪), with a sentence of up to 3 years. Forwarding does not excuse you. The other way around, when you are the one being cyberbullied, insult and defamation in principle require you to sue in court yourself, so screenshots, screen recordings and saved links are on you.

  • High value
  • Evidence A
  • Keeps you free

Read the whole paper before you sign, don't sign for others, and don't sign a blank page

Once you sign, it counts. A fingerprint counts the same as a signature. "I didn't read it carefully" or "I thought it was something else" will mostly not hold up in court. So take a few extra minutes to read from start to finish, ask on the spot about anything you don't understand, and take a photo for your records. Don't sign for anyone else, don't sign a blank page, and write the purpose on any copy of your ID card. Electronic signatures and face-scan confirmations count as signing too.

  • High value
  • Evidence A
  • Saves money

Write a clear IOU when you lend money, and before you guarantee someone else's debt, think about whether you are willing to pay it for him

An IOU should be complete: lender, borrower, amount, interest rate, term, way of repayment, with both signatures. Send the money by transfer, not cash, and a complete IOU is easier to sue on. When you guarantee someone's debt, check whether the word "joint" (连带) appears. With an ordinary guarantee (一般保证), you come in only after the creditor has sued the borrower and could not collect. With a joint-and-several liability guarantee (连带责任保证), the creditor can come straight to you for the money.

  • Top value
  • Evidence A
  • Saves money

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

Start with the platform. Platforms have deposits and penalty rules, and handle things fastest. Then call the police: being cheated of 3,000 CNY or more meets the threshold for filing a case for the crime of fraud (诈骗罪), and below the criminal standard it is handled as a public security punishment of 5 to 10 days of detention (拘留). 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.

  • Moderate value
  • Evidence A
  • Saves money

Ask the price before home repair, vehicle inspection or renovation work begins, and watch the work from beside the worker

Home appliance repairers must state their charges clearly, give a repair record and an invoice, must not report faults that don't exist, and must not deliberately replace parts that work normally; in serious cases the fine is up to 30,000 CNY. All businesses must display clear prices and may not charge extra beyond the marked price. So ask the price and which parts will be replaced before the work starts, get the record and invoice afterward, and keep the old parts. If you were overcharged, call 12315 first (the market-regulation and consumer complaint hotline).

  • Moderate value
  • Evidence B
  • Saves money

Don't carry things for strangers across borders, and don't receive packages of unknown origin

The advice from the Consular Department of the Ministry of Foreign Affairs (外交部领事司) to citizens traveling abroad is: don't carry luggage or items for other people, especially contraband or things you don't know about. If drugs or smuggled goods are actually found in the luggage, "I didn't know what was inside" is something you have to prove yourself. Receiving packages for others within China is the same, especially when you are asked to pay first and be refunded later.

  • Top value
  • Evidence B
  • Keeps you free

Don't have sex with someone who is drunk to the point of being unaware, asleep, or who may be under 14

A person who is drunk to the point of being unaware, or asleep, has no ability to consent, and sex with them is legally rape too, with a basic sentence of 3 to 10 years. Afterward you can hardly prove the other person agreed at the time. The only reliable way is not to have sex, and when a drinking party breaks up, hand the person over to their own friends or family. For how age is determined (under 14), see §9.18.

  • High value
  • Evidence B
  • Keeps you free

When something happens at the scene, shoot the whole scene first, then the positions, and last the damage and injuries; don't delete the original photos and videos

If you shoot only a close-up of a scratch on a car or an object on the ground, a few days later no one knows where it was. First shoot a wide view that takes in the intersection, the house number, the cars, the people and the surroundings, then shoot how things sit relative to each other, and the details last. If you have to move something or a vehicle, shoot first whenever you can. Keep the original photos and videos on your phone, and don't keep only a copy that has passed through a chat app.

  • High value
  • Evidence C
  • Saves money

Refuse when an acquaintance asks you to "scan your face and be a witness" to take out a loan, or asks you to read out a verification code: this is called an AB loan (AB贷), and the borrower is you, not a guarantor

What is called "help by scanning your face and being a witness" is in fact borrowing money from a bank in your name. The borrower is you, not a guarantor, and once the money goes to the acquaintance, the bank still comes to you for repayment. The intermediary deceived you, but as long as the bank did not know, you cannot cancel this loan contract. A written promise from the acquaintance saying "I'll repay it" does not bind the bank.

  • High value
  • Evidence B
  • Saves money

Fit good locks on doors and windows, put a motion-sensor light outside the door, and really lock up when you go out: these are what prevent burglary, and an alarm alone shows no benefit

Data from England show that homes with door locks plus window locks had only one-twelfth the chance of someone getting in and stealing, compared with homes with nothing installed. Adding a motion-sensor light outside the door brings it down to about one-thirtieth (三十多分之一). Installing only an alarm and nothing else shows no evidence of preventing burglary. This covers theft, not robbery when someone is at home.

  • Moderate value
  • Evidence B
  • Saves money
  • Disputed

Mainland China only 31 tips

These tips describe mainland-China rules and do not apply in the United States; they are here for people living in China.