Why is fraud so difficult to establish under Chinese law? Attorney Qiang Lyu often receives inquiries from clients saying, “Attorney Lyu, I’ve been scammed. I shipped the goods but received no payment, or I paid in full but got no delivery. This is fraud, and I want you to help me report it to the police to pursue criminal liability.”
In such situations, I always tell my clients directly: fraud is not as easy to prove as you might think. To establish a criminal fraud offense, at least three key elements must be met:
The offender fabricated facts or materially concealed the truth.
The offender possessed the intent to defraud from the very beginning.
If the offender defrauded three or more victims, it is more likely to be recognized as fraud.
In legal practice, most fraud reports submitted to the public security authorities are not accepted as criminal cases. Instead, the police will issue a written notice advising the victim to file a civil lawsuit in court.
Just put yourself in their position: If every dispute over non-payment for goods or non-delivery after payment were treated as criminal fraud, there would be no need for civil courts at all.
I am Attorney Qiang Lyu from Xuzhou. If you found this video helpful, please like, subscribe, and share it.