Legal analysis: seven days to decide whether to file. If the case is not filed there are three ways of relief: one is to the decision not to file a public security organs to apply for reconsideration; second is to request the people's procuratorate to file a case for supervision; third is to bring a private prosecution. The public security organs to accept the case, after examination, that there are criminal facts need to be held criminally responsible, and belongs to their own jurisdiction, approved by the person in charge of the public security organs at or above the county level, to be filed.
Legal basis: "Public Security Organs Handling Criminal Cases Procedural Provisions"
Article 178 The public security organs accept the case, after examination, that there are criminal facts need to be held criminally responsible, and belongs to their own jurisdiction, approved by the person in charge of the public security organs at or above the county level, to be filed; that there are no criminal facts, or the facts of the crime are significantly less serious do not need to be held criminally responsible, or have other legal not to be held criminally responsible. Or with other circumstances not to be held criminally responsible according to law, approved by the person in charge of the public security organs at or above the county level, shall not be filed. In cases where there is an accuser, and it is decided not to open a case, the public security organ shall make a notice of not opening a case and send it to the accuser within three days.
After deciding not to open a case, and then found new facts or evidence, or found that the original determination of the facts are wrong, and need to be held criminally liable, shall promptly open a case to deal with.
Article 179 If the accuser is dissatisfied with the decision not to open a case, he or she may apply for reconsideration to the public security organ which has made the decision within seven days after receiving the notice of non-opening of the case; the public security organ shall make a decision within thirty days after receiving the application for reconsideration, and the decision shall be served on the accuser. If the accuser is dissatisfied with the reconsideration decision not to open a case, he or she may, within seven days of receiving the reconsideration decision, apply to a public security organ of a higher level for a review; the public security organ of a higher level shall make a decision within thirty days of receiving the application for review. The higher public security organs to revoke the decision not to file a case, the lower public security organs shall be implemented.