Legal Guidance ｜Case-based Legal Provision Guidance for International Students--on Interpersonal Relationships

Based on the Laws and Regulations for International Students Reference, a Case-based Legal Provision Guidance for International Students focusing on interpersonal relationships between men and women and the issue of insulting women is edited for reference.

The article lists the Law of the People's Republic of China on Penalties for Administration of Public Security (治安管理处罚法) and the Criminal Law of the People's Republic of China (刑法) as key references. Using these laws (specifically the 2025 Revision of the Public Security Law from the earlier web source, and the Criminal Law), the guidance below provides hypothetical scenarios, legal provisions, and practical advice for international students.

Key Laws:

Law of the People's Republic of China on Penalties for Administration of Public Security (2025 Revision) – effective January 1, 2026

Criminal Law of the People's Republic of China

China has clear legal provisions against harassment, insults, and acts infringing upon personal dignity—regardless of gender. Violations can lead to administrative detention, fines, university discipline (including expulsion), and in serious cases, criminal punishment.

Case 1: Persistent Unwanted Messages After Rejection

Scenario:

A male international student, "A," repeatedly sends text messages and social media DMs to a female classmate after she clearly rejects his romantic advances. His messages contain sexually explicit content and gender-based insults (e.g., calling her "worthless," "crazy," or a vulgar slur). She feels distressed and unable to concentrate on her studies.

Legal Provision:

Article 50 of the Public Security Administration Punishments Law (2025 Revision) – under Section 3: Acts Infringing upon Personal Rights or Property Rights and Punishments

Whoever commits any of the following conduct shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days, and may be fined not more than 1,000 yuan: (1)Threatening the personal safety of any other person by writing threatening letters or other methods. (2) Publicly insulting any other person or fabricating facts to defame any other person. (3) Fabricating facts to falsely accuse and frame any other person, with the intention of subjecting him or her to criminal punishment or public security administration punishment. (4) Threatening, insulting, assaulting, or retaliating against the witness or any of his or her close relatives. (5) Disrupting the normal life of any other person by repeatedly sending pornographic, insulting, threatening, or other information many times, or by harassing, pestering, stalking, or other methods. (6) Peeping at, secretly taking photos of, eavesdropping, or spreading the privacy of any other person.

Guidance for Students:

l "One rejection is enough." Continued contact after a clear refusal—especially with insulting or obscene content—is a punishable offense.

l This applies to all digital platforms: WeChat, WhatsApp, Instagram, email, campus forums, or any messaging app.

l Preserve evidence: Take screenshots, save message histories, record timestamps. Do not delete anything.

l Report to: Your International Student Office, university security, or call 110 (police). Universities take such complaints seriously and may impose independent disciplinary action (warning, suspension, or expulsion).

Case 2: Public Insults Using Gender-Based Slurs

Scenario:

After a minor disagreement on campus, male student "B" loudly calls a female student a "stupid woman," "slut," or other highly offensive gender-based insults in the cafeteria, within earshot of many other students and staff. He also posts similar remarks on a public class WeChat group.

Legal Provision:

Article 50 of the Public Security Administration Punishments Law (2025 Revision) – same article, but specifically covering public insult:

Guidance for Students:

l An insult becomes "public" when made in a shared space (cafeteria, library, classroom, dorm hallway) or in any digital group with 3 or more people.

l Gender-based slurs are considered a clear form of public insult. The law does not treat insults against women differently from insults against men, but the use of degrading gender terms can be considered an aggravating factor.

l Bystanders: If you witness public insults, you can support the victim by offering to be a witness or reporting the incident to university authorities.

l Cross-cultural note: "Joking" or "just being honest" is not a legal defense. What may be considered casual banter in some cultures can be a legal violation in China.

Case 3: Unwanted Physical Contact—"Accidental" Touching or Groping

Scenario:

Male student "C" repeatedly tries to hug, stand extremely close to, or "accidentally" brush against a female student without her consent. When she tells him to stop, he says she is "overreacting" or "crazy" (adding insult to injury). This behavior occurs in the library, on campus paths, and during group study sessions.

Legal Provision:

Article 52 of the Public Security Administration Punishments Law (2025 Revision) – under Section 3: Acts Infringing upon Personal Rights

Whoever molests any other person shall be detained for not less than five days nor more than ten days. Whoever molests a person with mental illness or a person with intellectual disability or a minor under the age of 14, or falls under any other serious circumstance shall be detained for not less than ten days nor more than 15 days.

Whoever deliberately exposes his or her private body parts at a public place shall be warned or fined not more than 500 yuan; and if the circumstances are execrable, shall be detained for not less than five days nor more than 10 days.

Guidance for Students:

l Unwanted touching, groping, hugging, or "clumsy" physical contact can be considered "insulting the body" – a form of sexual harassment under Chinese administrative law.

l Repeatedly invading personal space after being told to stop, especially combined with insulting language, can be treated as an aggravating factor.

l No means no. Silence or freezing is not consent. Verbal non-consent is very important for evidence.

l If this happens to you: Move away immediately, say "Stop" or "Don't touch me" loudly (witnesses help), and report to campus security or the police. Do not blame yourself.

Case 4: Severe Insults—When Administrative Punishment Becomes Criminal

Scenario:

Male student "D" spreads fabricated stories online about a female student's sexual behavior, calling her degrading names on a public forum. The posts go viral within the university. The victim suffers severe emotional distress, requires psychological counseling, and considers dropping out.

Legal Provision:

Article 246 of the Criminal Law of the People's Republic of China – Crime of Insult

Those openly insulting others using force or other methods or those fabricating stories to slander others, if the case is serious, are to be sentenced to three years or fewer in prison, put under limited incarceration or surveillance, or deprived of their political rights.

Those committing crimes mentioned above are to be investigated only if they are sued, with the exception of cases that seriously undermine social order or the state's interests.

Where the victim files a complaint with the people's court on the commission of the conduct as provided for in paragraph 1 through the information network, but it is indeed difficult to provide evidence, the people's court may require the public security authority to provide assistance.

Guidance for Students:

l When insulting behavior is "serious" (e.g., leads to suicide attempt, causes major mental health harm, involves violence, or is widely spread online), it escalates from an administrative violation (public security law) to a criminal offense (criminal law).

l Criminal conviction carries prison time (up to 3 years), a criminal record in China, and almost certain deportation and ban from re-entering China.

l Cyber insults are not anonymous. Police can trace IP addresses, social media accounts, and device information.

Summary Table for Quick Reference

Practical Advice for International Students

If You Are a Victim:

l Preserve evidence immediately. Screenshots, voice recordings (check local consent laws), photos of injuries, witness names and contacts.

l Tell someone you trust. Friend, roommate, or a female classmate—do not suffer in silence.

l Report through multiple channels:

University International Student Office (they have experience handling such cases)

University Security Department

Police: 110 (mandarin and English service available in major cities)

Domestic violence / women's helpline: 12338

Seek emotional support. FIS have psychological counseling centers for students.

If You Are Accused:

l Do not retaliate or insult back. It will worsen your legal position.

l Cooperate with the investigation. You have the right to an interpreter and to contact your embassy.

l Understand the consequences: Administrative detention, fines, university expulsion, visa revocation, deportation, and possible ban from re-entering China. A criminal conviction can end your academic career.

l "Ignorance of law" is not a defense. Claiming "I didn't know this was illegal in China" will not protect you.

For All Students:

l Respect is not optional. Chinese law expects respect for personal dignity in all interpersonal relationships.

l Understand consent. Lack of "no" is not "yes." Clear, enthusiastic, verbal consent is the safest standard.

l Your university has its own code of conduct. Even if the police do not get involved (e.g., minor first offense), your university can expel you under its student discipline regulations.

l Cross-cultural awareness: Behaviors that may be tolerated or ignored in some countries can lead to detention and deportation in China. When in doubt, err on the side of caution and respect.

l The following laws are listed in your reference document and are directly relevant:

Disclaimer: This guidance is for educational purposes based on the laws referenced in your document. It does not constitute legal advice. If you are involved in a legal dispute, consult a licensed lawyer or your university's legal advisor promptly.

Studying in China is a privilege. Respecting Chinese laws—especially those protecting personal dignity and prohibiting gender-based insults and harassment—is not just about avoiding punishment. It is about being a responsible, respectful member of your host community.