Demand Letter Regarding the Shanghai Jing’an District People’s Court’s Failure to Process Zhao Ruxing’s Application for Objection to Enforcement Within the Prescribed Time | Example

(Follow-up report on the demand letter:) On June 15, 2026, the demanding party, Zhao Ruxing, mailed a “Demand Letter” to the Shanghai Jing’an District People’s Court, which failed to respond within the prescribed time. On July 4, the demanding party mailed an “Application for Enforcement Supervision” to the Shanghai No. 2 Intermediate People’s Court, which responded promptly and required the lower court to handle the matter in accordance with the law. On July 15, the Jing’an District Court issued a “Notice of Acceptance” ((2026) Hu 0106 Zhi Yi No. 263) and notified the parties that the collegial panel in this case would consist of Chen Jianhong, Lu Jun and Zou Yang, with Chen Jianhong serving as presiding judge.)

Demanding party (person subject to enforcement, applicant): Zhao Ruxing

Address: Jing’an District, Shanghai

Tel.: 18918968227

Unit receiving the demand: Enforcement Division of the Shanghai Jing’an District People’s Court

Address: No. 3009 Gonghexin Road, Jing’an District, Shanghai

Applicant for enforcement: Qian Shide

Address: Hongkou District, Shanghai

Enforcement case number: (2025) Hu 0106 Zhi No. 1093

Basis for enforcement: Civil Judgment of the Shanghai No. 2 Intermediate People’s Court (2024) Hu 02 Min Zhong No. 14253

Enforcement judge: Han Lihong

I. Basic information concerning the application for objection to enforcement

Regarding the unlawful enforcement conduct in your court’s enforcement case (2025) Hu 0106 Zhi No. 1093, the demanding party, Zhao Ruxing, submitted an “Application for Objection to Enforcement” to your bureau on May 10, 2026, via China Post EMS (tracking number: 1118615107378), pursuant to Article 236 of the Civil Procedure Law of the People’s Republic of China (amended at the Fifth Session of the Standing Committee of the 14th National People’s Congress on September 1, 2023) and Articles 5, 7 and 17 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Handling by People’s Courts of Cases Involving Objections to and Reconsideration of Enforcement (Fa Shi [2015] No. 10).

According to the EMS logistics records, your bureau signed for receipt of the above application materials on May 11, 2026.

The attachments submitted together with the application included all evidentiary materials listed in the “Application for Objection to Enforcement,” totaling 32 items, covering the civil judgments of the first and second instances, the Shanghai High People’s Court’s notice of acceptance of the retrial, the notice of acceptance from the Second Branch of the Shanghai People’s Procuratorate, receipts for payment of various fines and fees, screenshots of search results for the list of dishonest persons subject to enforcement, and records of previous mailings.

II. Matters requested in the application for objection to enforcement

The requests for objection submitted by the demanding party in the “Application for Objection to Enforcement” were as follows:

(I) Revocation of unlawful legal documents

1. Request that the Shanghai Jing’an District People’s Court’s “Decision on Dishonesty” in enforcement case (2025) Hu 0106 Zhi No. 1093 be revoked; that the demanding party immediately be removed from the national database of dishonest persons subject to enforcement maintained by the people’s courts; and that credit-repair or revocation notices be sent to the relevant platforms and institutions;

2. Request that the Shanghai Jing’an District People’s Court’s “Order Restricting Consumption” in enforcement case (2025) Hu 0106 Zhi No. 1093 be revoked and that all consumption restrictions imposed on the applicant immediately be lifted;

3. Request that the Shanghai Jing’an District People’s Court’s “Decision on Fines” in enforcement case (2025) Hu 0106 Zhi No. 1093 be revoked; that the RMB 60,000 fine already paid by the plaintiff be refunded; and that interest be paid in accordance with the law from July 25, 2025, until the date of actual repayment.

(II) Lifting of unlawful compulsory measures

4. Request that the freezing measures imposed on all bank accounts, Alipay accounts and WeChat accounts in the applicant’s name be immediately lifted;

5. Request that it be confirmed in accordance with the law that the failure to serve the applicant with a freezing ruling during the freezing of the accounts was unlawful, and that the enforcement department be ordered to additionally serve the relevant legal documents.

(III) Correction of unlawful enforcement conduct

6. Request that it be confirmed that enforcement judge Han Lihong’s demand during the enforcement proceedings that the applicant acknowledge in an apology letter that he had “slandered Qian Shide and his company for stealing water” and “fabricated that Qian Shide stole water” exceeded the scope of the operative part of the effective judgment, constituted unlawful enforcement, and be corrected;

7. Request that the enforcement department issue a written review opinion concerning the apology letter, expressly providing that the review standards may not exceed the scope of the operative part of the effective judgment and that the demanding party may not be required to deny objective facts confirmed by the water authorities and public security organs;

8. Request that Liu Luning, the original trial judge handling the case, be instructed to recuse himself from reviewing the apology letter in this case, and that the review be conducted in accordance with the law by a judge with no interest in the case.

(IV) Pursuit of liability for unlawful conduct

9. Request that the unlawful enforcement conduct of enforcement judge Han Lihong and original trial judge Liu Luning be investigated and handled in accordance with the law, and that the corresponding disciplinary and legal liabilities be pursued.

III. Legal basis

Article 236 of the Civil Procedure Law of the People’s Republic of China provides:

“Where a party or an interested party believes that an enforcement act violates legal provisions, it may submit a written objection to the people’s court responsible for the enforcement. Where a party or an interested party submits a written objection, the people’s court shall review it within 15 days from the date of receiving the written objection. Where the reasons are established, it shall rule to revoke or correct the act; where the reasons are not established, it shall rule to reject the objection. Where a party or an interested party is dissatisfied with the ruling, it may apply to the people’s court at the next higher level for reconsideration within 10 days from the date of service of the ruling.”

In addition, Article 5 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Handling by People’s Courts of Cases Involving Objections to and Reconsideration of Enforcement provides for the right of interested parties to raise objections to enforcement; Article 7 provides for the review procedure; and Article 17 provides for the form of ruling.

IV. Facts concerning the delay

Under the above legal provisions, your bureau was required to review the “Application for Objection to Enforcement” within 15 days from the date of signing for its receipt on May 11, 2026; that is, the statutory deadline was May 26, 2026.

As of the date this demand letter was issued, more than 30 days had elapsed since receipt, far exceeding the statutory 15-day review period. During this period, the demanding party received no notice from your bureau of docketing the application for objection to enforcement, notification of the progress of the review, or written ruling, nor did it receive any written notice extending the review period.

The above delay has violated the mandatory provision of Article 236 of the Civil Procedure Law of the People’s Republic of China requiring people’s courts to review objections to enforcement within the statutory period, and has infringed the demanding party’s procedural right to relief enjoyed in accordance with the law.

V. Matters demanded

The demanding party fully respects your bureau’s judicial review authority and also understands that objective difficulties may exist in judicial work. However, an objection to enforcement is a procedural safeguard under the current legal framework for the demanding party to protect its lawful rights and interests. The failure to handle it within the prescribed period has seriously affected the demanding party’s property rights, reputation rights and normal living order. The demanding party now makes the following good-faith reminder and requests:

1. The demanding party respectfully requests that your bureau immediately perform its duty to review the objection to enforcement in accordance with the law, promptly issue a written ruling on the nine requests for objection to enforcement submitted by the demanding party after receiving this demand letter, and serve it on the demanding party in accordance with the law;

2. If, after review, your bureau considers that the reasons for some or all of the requests for objection submitted by the demanding party are not established, it is also requested to explain in the form of a written ruling the reasons for rejection and the legal basis, in accordance with Article 236 of the Civil Procedure Law of the People’s Republic of China and the Provisions of the Supreme People’s Court on Several Issues Concerning the Handling by People’s Courts of Cases Involving Objections to and Reconsideration of Enforcement, and to inform the demanding party of its right to apply for reconsideration in accordance with the law;

3. If your bureau considers that some of the matters raised by the demanding party do not fall within the scope of review of an objection to enforcement, please explain the reasons to the demanding party in writing in accordance with the law and inform it of the corresponding avenues of relief.

VI. Notice concerning subsequent legal proceedings

The demanding party sincerely hopes that this incident was caused by an omission in work or poor communication and that it can be properly resolved without initiating further legal proceedings. However, if your bureau still fails to handle the matter in accordance with the law after receiving this demand letter, the demanding party will have no choice but to take the following relief measures in accordance with the relevant legal provisions:

1. Pursuant to Article 236 of the Civil Procedure Law of the People’s Republic of China and relevant provisions, apply to the Shanghai No. 2 Intermediate People’s Court for enforcement supervision regarding your bureau’s failure to handle the objection to enforcement within the prescribed period;

2. Pursuant to the Law of the People’s Republic of China on Judges and the internal inspection and supervision provisions of the people’s courts, submit a formal complaint to the inspection department of a people’s court with jurisdiction or to a people’s court at a higher level regarding the unlawful enforcement conduct and failure to act within the prescribed period by the relevant enforcement judge;

3. Reserve the right to apply for state compensation and pursue all other lawful avenues of relief.

The demanding party has always believed that promptly correcting unlawful enforcement conduct and protecting the lawful rights and interests of the parties in accordance with the law are inherent duties of the enforcement work of the people’s courts and basic requirements for maintaining judicial credibility. The demanding party respectfully requests that your bureau perform its statutory duties within the prescribed period and handle the objection to enforcement in this case fairly and in accordance with the law.

Respectfully submitted to

Enforcement Division of the Shanghai Jing’an District People’s Court

Demanding party: Zhao Ruxing (signature)

Date: June 15, 2026

Attachments

1. China Post EMS mailing receipt for the “Application for Objection to Enforcement” submitted by the demanding party, Zhao Ruxing, on May 10, 2026 (tracking number: 1118615107378);

2. EMS logistics receipt confirming that your bureau signed for receipt of the “Application for Objection to Enforcement” on May 11, 2026;

3. One copy of the “Application for Objection to Enforcement,” totaling 17 pages;

4. Catalogue and copies of all evidentiary materials attached to the “Application for Objection to Enforcement” (30 items in total);

5. Photocopy of the identity card of the demanding party, Zhao Ruxing.