09-015 · EVIDENCE A · SOURCE-SENSITIVE
You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave
要债不扣人、不关人、不跟到家里赖着不让走
There is no cost. If someone owes you money and refuses to pay, you can file a lawsuit in court. For guidance on drafting an IOU, see Section 8, Article 18. The real challenge is resisting the urge to physically restrain or follow the debtor home when they try to evade payment.
The money truly belongs to you, but you still cannot detain or confine the debtor. Laws explicitly state that detaining or confining someone solely to collect a debt is treated as illegal imprisonment. In minor cases, offenders face 10–15 days of detention plus fines ranging from 1,000 to 2,000 yuan. If the act constitutes illegal imprisonment, penalties include up to 3 years in prison; serious injury results in 3–10 years, and death warrants 10+ years. To collect a debt, always file a lawsuit in court.
A
Move “You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave” to Future Me's calendar
The excuse
One more exception feels free because the bill arrives outside the current scene.
What feels good now
Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “The money truly belongs to you, but you still cannot detain or confine the debtor. Laws explicitly state that detaining or confining someone solely to collect a debt is treated as illegal imprisonment. In minor cases, offenders face 10–15 days of detention plus fines ranging from 1,000 to 2,000 yuan. If the act constitutes illegal imprisonment, penalties include up to 3 years in prison; serious injury results in 3–10 years, and death warrants 10+ years. To collect a debt, always file a lawsuit in court.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
15. You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave
Cost: There is no cost. If someone owes you money and refuses to pay, you can file a lawsuit in court. For guidance on drafting an IOU, see Section 8, Article 18. The real challenge is resisting the urge to physically restrain or follow the debtor home when they try to evade payment.
In plain terms: The money truly belongs to you, but you still cannot detain or confine the debtor. Laws explicitly state that detaining or confining someone solely to collect a debt is treated as illegal imprisonment. In minor cases, offenders face 10–15 days of detention plus fines ranging from 1,000 to 2,000 yuan. If the act constitutes illegal imprisonment, penalties include up to 3 years in prison; serious injury results in 3–10 years, and death warrants 10+ years. To collect a debt, always file a lawsuit in court.
Benefit: Illegally restricting another person’s freedom, unlawfully entering their home, or conducting unauthorized searches leads to 10–15 days of detention and fines of 1,000–2,000 yuan. Less severe cases incur 5–10 days of detention and fines under 1,000 yuan. Illegal imprisonment is punishable by up to 3 years in prison, short-term detention, restricted movement, or loss of political rights. Severe injury or death brings 3–10 years or 10+ years respectively. These same penalties apply even when debt collection is legitimate (nationwide).
Evidence grade: A
Sources: Standing Committee of the National People's Congress (2025). Public Security Administration Punishment Law (amended in 2025, Article 47). <https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml>; National People's Congress (2020). Criminal Law (amended in accordance with the Criminal Law Amendment (Eleven), Article 238). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>
Notes: The statement “They truly owe me money” holds no legal weight here. Laws explicitly classify debt-related detentions as illegal imprisonment. Multiple court rulings on China’s judicial portal show individuals detained for up to 1 year while attempting to collect lawful debts. At the time of writing, this portal was inaccessible, so no citations could be included.
Read the complete Chinese source and notes
15. 要债不扣人、不关人、不跟到家里赖着不让走
成本: 不花钱。对方欠钱不还，去法院起诉。借条怎么写，见第 8 节第 18 条（借条）。难在对方赖账时忍住不动手、不跟到他家去。
说人话: 钱是真欠你的，也不能扣人、关人。法条专门写了：为了讨债扣人、关人，照样按非法拘禁办。轻的拘留 10 到 15 日，并罚 1000 到 2000 元。构成非法拘禁罪的判 3 年以下，把人弄成重伤的判 3 到 10 年，弄死人的判 10 年以上。要债去法院起诉。
收益: 非法限制别人的人身自由、擅自闯进别人家，或者非法搜别人的身，拘留 10 到 15 日，并罚 1000 到 2000 元。情节较轻的拘留 5 到 10 日，并罚 1000 元以下。非法拘禁判 3 年以下有期徒刑、拘役（短期关押）、管制（不关押但行动受限）或者剥夺政治权利。把人弄成重伤的判 3 到 10 年，弄死人的判 10 年以上。为了讨债扣人、关人的，照这同一套规定处罚，债是真的也一样（全国）
证据等级: A
来源: 全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十七条）. <https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml>；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百三十八条）. <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>
备注: 「他确实欠我钱」这句话在这条里不管用。法条专门写了，为了讨债扣人、关人也按非法拘禁办。中国法院网上有好几起案子，都是讨合法债务把人关起来，判了 7 个月到 1 年。本节写作时该网站打不开，所以没有引用。
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