36Evidence B

If you’re a victim seeking compensation, use channels like 12315, file a lawsuit, or hire a lawyer. Never meet the offending party alone, and don’t phrase “paying money” and “I won’t expose you” as a single condition

As a victim, you have every legal right to demand compensation from the party responsible for the harm — this doesn’t automatically make you a blackmailer just because your demands are high. Yet the consequences can be severe: Guo Li was initially sentenced to five years in prison for extortion before being later exonerated on appeal. Therefore, always use documented channels, avoid meeting the other party alone at a location they choose, and never link “paying money” with “I won’t go public” as one condition.

Cost

Using 12315 is free. Filing a court claim requires paying…

Benefit

Official case: After relevant departments in China announced that certain batches of "Ensin" brand milk powder…

Cost

Using 12315 is free. Filing a court claim requires paying the case acceptance fee up front; hiring a lawyer means paying lawyer fees. Record any face-to-face discussion in full. The difficult part is resisting a private one-to-one negotiation with the other party.

Benefit

Official case: After relevant departments in China announced that certain batches of "Ensin" brand milk powder contained melamine in 2008, the examination results for Guo Li's daughter showed "several punctate strong echoes visible within the central collecting system of both kidneys." Guo Li repeatedly sought compensation from the retailer and Ensin Company and exposed the matter to the media. In June 2009, both parties reached an agreement, and Ensin Company compensated 400,000 yuan. Guo Li provided written materials stating that he would no longer pursue legal action and would waive compensation claims. Subsequently, the company reported the case to the police, and Guo Li was sentenced to five years of imprisonment by the Chao'an County People's Court for the crime of extortion. The People's Procuratorate of Guangdong Province proposed a retrial recommendation. The recommendation stated that "the existing evidence is insufficient to prove that Guo Li had the subjective intent of illegal possession." As the legal guardian, Guo Li "had the right to seek compensation from the milk powder manufacturer, and his claim for compensation had a legal basis." The recommendation also stated, "consumers have the right to expose and criticize acts that infringe upon their legitimate rights and interests through mass media." On April 7, 2017, the Guangdong Provincial Higher People's Court declared Guo Li innocent in a retrial. The reason was that "the facts of the original trial's finding that Guo Li used methods of threat and coercion to forcibly demand property with the purpose of illegal possession were unclear and the evidence was insufficient; the nature of Guo Li's behavior did not exceed the scope of a civil dispute." Guo Li was detained for 1826 days from July 23, 2009, to July 22, 2014 (Guangdong, retrial reversal in 2017)

Original sources

广东省人民检察院 (2017). 广东省检察院再审建议对郭利案改判无罪. http://www.gd.jcy.gov.cn/jcyw2/201704/t20170411_1975029.shtml(广东省人民检察院官网);广东省高级人民法院赔偿委员会 (2018). 郭利以再审无罪为由申请、广东省潮州市中级人民法院赔偿的国家赔偿案件((2018)粤委赔 11 号). https://www.gdcourts.gov.cn/caipanwenshuxuandeng/caipanwenshuxuandeng/content/post_1045709.html;全国人大常委会 (2023 修正). 民事诉讼法(第一百五十二、一百六十四条). https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html(贵州省市场监管局转载);国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第六、二十、二十九条). https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm

Open source link
Book note

This grade is assigned because only one case exists, so it can’t be generalized. It demonstrates two key points: seeking compensation is lawful, yet you may still face criminal investigation. The safest approach is hiring a lawyer or filing a lawsuit without any direct contact with the other party. Be especially cautious when they invite you to their location for “friendly talks” — such meetings often lead to police reports and criminal charges. Once a settlement is signed, any attempt to demand extra compensation can easily be interpreted as extortion. For guidance on handling criminal charges after such incidents, see sections 5, 34, and 35 (hire a lawyer promptly, lack of evidence warrants acquittal, and state compensation). Conversely, if the other party uses threats of reporting or leaking photos to demand money, refer to section 32. The plaintiff initially pays the case acceptance fee. The ordinary first-instance procedure is normally to be completed within 6 months, subject to extension; the summary procedure takes 3 months. Lawyer fees are generally paid by the client and are not part of the litigation costs that the court orders the losing party to bear.

My note