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
First, contact the platform. Platforms have security deposits and penalty rules, making them the fastest way to handle issues. Next, report to the police: fraud above the local threshold can constitute a crime; each province sets that threshold between 3,000 and 10,000 yuan; amounts below this are handled via public security administration penalties. For lawsuits, online shopping disputes can be filed in the court of the receiving location. For small amounts, small claims litigation applies, which is concluded within 2 months, and cases can be filed online.
Filing a complaint with the platform and reporting the cas…
The local threshold for a relatively large amount of fraud is set by each province between 3,000 and 10,000 yu…
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yuan, the filing fee is 50 yuan; this fee is halved if the case goes through summary proceedings, mediation, or is withdrawn.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.
The local threshold for a relatively large amount of fraud is set by each province between 3,000 and 10,000 yuan. This tier carries a sentence of up to 3 years, plus fines or fines only. If it does not meet the criminal standard, it is subject to public security administration penalties: detention of 5 to 10 days, or a fine of up to 2,000 yuan. For more serious circumstances, detention of 10 to 15 days and a fine of up to 3,000 yuan may be imposed. Civilly, online shopping contract disputes can be filed in the court of the receiving location, so there is no need to travel to the seller's location. If the disputed amount is no more than 50% of the previous year's average annual salary of employed persons in the province, small claims litigation applies. Small claims litigation is subject to a single-instance trial (the judgment takes effect immediately upon decision and cannot be appealed). Cases are concluded within 2 months after filing, and 3 months under simplified procedures. Civil litigation can be conducted online, with the same legal effect as offline proceedings (Nationwide, Civil Procedure Law effective from January 2024, Public Security Administration Punishment Law effective from January 2026).
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;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;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;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);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;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
Open source linkTo 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.