Article 175 When a public security organ accepts a case, it considers that there are criminal facts and needs to be investigated for criminal responsibility. If it belongs to its jurisdiction, it shall file a case with the approval of the person in charge of the public security organ at or above the county level; It is considered that there is no criminal fact or the criminal fact is obviously minor and does not need to be investigated for criminal responsibility, or there are other circumstances that do not need to be investigated for criminal responsibility. Or in other cases where criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
if the public security organ decides not to file a case against the complainant, it shall make a notice of not filing a case and serve it on the complainant within three days.
article 176 if the complainant refuses to accept the decision not to file a case, he may apply for reconsideration to the public security organ that made the decision within seven days from the date of receiving the notice not to file a case; The public security organ shall make a decision within seven days from the date of receiving the application for reconsideration and inform the complainant in writing.
if the complainant refuses to accept the decision not to file a case, he may apply for reconsideration to the public security organ at the next higher level within seven days from the date of receiving the reconsideration decision, and the public security organ at the next higher level shall make a decision within seven days from the date of receiving the reconsideration application. If the public security organ at a higher level cancels the decision not to file a case, the public security organ at a lower level shall implement it.