When sourcing from Beijing, overseas companies should consider not only the contract itself but also the type of local supplier, the surrounding supply chain and the nature of the goods or services involved. Beijing is primarily a technology, engineering and business center, while also serving as a base for industrial and equipment-related businesses. Understanding this background can help a buyer identify potential problems at an earlier stage.
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.
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What Foreign Buyers Should Know About Beijing Suppliers
The Beijing market includes businesses involved in technology, engineering, equipment and business services. Common commercial problems can include technology contract disputes, engineering disputes, service-performance disputes and payment disputes. In a dispute, contracts, purchase orders, technical specifications, inspection records, invoices, payment records and correspondence may become important evidence. For technology, engineering and business-service transactions, buyers should pay particular attention to the contractual scope of work, acceptance standards, intellectual-property terms, payment milestones and the legal identity of the service provider.
The city’s position within Beijing and its connection with major technology, engineering, corporate and professional-service networks can provide useful commercial context when evaluating a supplier relationship. Local characteristics do not determine the outcome of a dispute.
Before Taking Action Against a Supplier in Beijing
For an overseas buyer, a practical first step is usually to identify the correct Chinese contracting party and preserve evidence showing what was ordered, what was paid and what was delivered. Depending on the contract and dispute, the next step may involve a demand, settlement negotiations, arbitration, litigation or enforcement.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and legal procedures may vary depending on the specific facts and applicable jurisdiction. No lawyer-client relationship is created by reading this article or contacting us through this website. For advice regarding a specific matter, please consult a qualified lawyer after a formal engagement has been established.
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Qiang Lyu
His practice also includes China company law, intellectual property matters, and commercial contract disputes involving foreign-invested businesses and cross-border commercial activities.