Never detain a debtor or trap them in their home
Even a genuine debt does not authorize you to hold or lock someone up. Chinese law expressly applies unlawful-detention provisions to debt collection. Administrative penalties can include ten to 15 days’ detention and RMB 1,000–2,000. Criminal unlawful detention carries up to three years at the basic level, three to ten years if serious injury results, and at least ten years if death results under the cited provision.
What it takes
No money is needed to refrain from coercion. If someone does not repay, pursue a court claim. See written loan evidence. The challenge is resisting physical confrontation when the debtor refuses.
What you may gain
Unlawfully restricting another person’s liberty, entering their home, or searching their body can bring ten to 15 days’ detention and a RMB 1,000–2,000 fine. Lesser circumstances bring five to ten days and a fine up to RMB 1,000. Criminal unlawful detention can carry up to three years’ imprisonment, criminal detention, public surveillance, or deprivation of political rights. Serious injury brings three to ten years and death at least ten years under the applicable clause. Detaining someone to collect a debt is expressly covered, even if the underlying debt is legitimate.
Context & considerations
“They really owe me money” does not defeat this rule. The original identified reports on China Court Online of legitimate-debt cases resulting in seven months to one year for confinement, but could not access the site during verification, so those cases are not cited as verified examples.
Research & references
Standing Committee of the National People’s Congress (2025). Revised Public Security Administration Punishments Law, Article 47. https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml; National People’s Congress (2020). Criminal Law consolidated through Amendment XI, Article 238. https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html.