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.

22. 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.

Cost: 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yuan, the filing fee is 50 yuan; this fee is halved if the case goes through summary proceedings, mediation, or is withdrawn.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.

In plain terms: 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 3000 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.

Benefit: When the amount defrauded ranges from 3000 to 10000 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 2000 yuan; repeat offenders may receive 10–15 days of detention and a fine up to 3000 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).

Evidence grade: A

Sources: Supreme People's Court of China, Supreme People's Procuratorate of China (2011). Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (Fa Interpretation [2011] No. 7, Article 1). <https://www.spp.gov.cn/spp/sfjs/201802/t20180201_363736.shtml>; National People's Congress (1997). Criminal Law (Article 266). <https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml>; National People’s Congress Standing Committee (2025). Public Security Management Punishment Law (revised in 2025, Article 58). <https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml>; National People’s Congress Standing Committee (2023 revision). Civil Procedure Law (Articles 16, 164, 165, 168). <https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html> (Reprinted by Shanghai Municipal Development and Reform Commission); Supreme People's Court of China (2022 revision). Interpretation on the application of the Civil Procedure Law (Article 20). <https://www.court.gov.cn/zixun/xiangqing/353651.html>; State Council of China (2006). Measures for the payment of litigation fees (State Council of China Order No. 481, Articles 13, 15, and 16). <https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6929.htm>

Notes: 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.