Skip to content
Life Guide U.S. essentials
English

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 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.

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

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
  1. 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）. https://www.spp.gov.cn/spp/sfjs/201802/t20180201_363736.shtml
  2. 全国人大 (1997). 刑法（第二百六十六条）. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
  3. 全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第五十八条）. https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
  4. 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）. https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html（上海市发展改革委转载）
  5. 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）. https://www.court.gov.cn/zixun/xiangqing/353651.html
  6. 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）. https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6929.htm

Mentioned in

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