22Evidence A

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.

Start by contacting the platform. Platforms maintain security deposits and strict penalty rules, so they act fastest. Next, call the police: if the loss exceeds 3,000 yuan, it meets the threshold for a criminal fraud case; otherwise it falls under public‑order penalties, which can result in a detention of 5 to 10 days. If you decide to sue, online‑purchase disputes can be filed in the court nearest to the delivery address. For smaller amounts, a small‑claims procedure applies, guaranteeing a verdict within two months and allowing online filing.

Cost

Filing a complaint with the platform and reporting the cas…

Benefit

When the amount defrauded ranges from 3,000 to 10,000 yuan, it qualifies as “a relatively large sum” under fra…

Cost

Filing a complaint with the platform and reporting the case to police cost nothing. For lawsuits, if the amount in dispute is under 10,000 yuan, the filing fee is 50 yuan; this fee is halved if the case goes through summary proceedings, mediation, or is withdrawn.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.

Benefit

When the amount defrauded ranges from 3,000 to 10,000 yuan, it qualifies as “a relatively large sum” under fraud statutes, leading to a sentence of up to three years plus a fine; exact limits vary by province. Below that threshold, offenders face public‑order penalties: detention of 5–10 days or a fine of up to 2,000 yuan; repeat offenders may receive 10–15 days of detention and a fine up to 3,000 yuan. On the civil side, you may sue in the same court for contract disputes, again without needing to travel to the seller’s hometown. Small‑claims rules apply when the disputed amount is under 50 % of the local average annual wage; such cases are decided in a single hearing and become final immediately, with a maximum processing time of two months under summary proceedings. All these procedures are now available online, carrying the same legal weight as in‑person filings (Civil Procedure Law, effective Jan 2024; Public Security Administration Punishment Law, effective Jan 2026).

Original sources

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

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Book note

To 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.

My note