Feng Zhenghu: Guide and Template for Writing a Demand Letter Concerning a Court’s Failure to Register a Case Within the Statutory Period

This template, “Guide and Template for Writing a Demand Letter Concerning a Court’s Failure to Register a Case Within the Statutory Period (PDF Version),” should be submitted to an AI model (DeepSeek, GPT, etc.) together with the reader’s statement of claim, mailing receipts and other materials, along with a prompt: Based on the article “Guide and Template for Writing a Demand Letter Concerning a Court’s Failure to Register a Case Within the Statutory Period,” requiring the format and structure, relevant legal grounds, key writing points and service strategy for the demand letter, write the demand letter I need.” After it is sent, the AI will automatically generate the demand letter needed by the reader.

I. What Is “a Court’s Failure to Register a Case Within the Statutory Period”?—Its Legal Characterisation

“A court’s failure to register a case within the statutory period” specifically refers, in legal terms, to the unlawful situation in which, after a party submits a statement of claim to a court in accordance with the law, the court neither registers the case nor issues a ruling refusing to register it. The legal characterisation of this conduct is directly prescribed by Articles 51 and 52 of the Administrative Litigation Law of the People’s Republic of China: Article 51: When a people’s court receives a statement of claim, it shall register the case if the conditions for filing prescribed by this Law are met. If it is unable to determine on the spot whether the conditions for filing prescribed by this Law are met, it shall accept the statement of claim, issue a written receipt specifying the date of receipt, and decide within seven days whether to register the case. If the conditions for filing are not met, it shall issue a ruling refusing to register the case. The ruling shall state the reasons for refusing to register the case. If the plaintiff is dissatisfied with the ruling, the plaintiff may appeal. Article 52: If a people’s court neither registers a case nor issues a ruling refusing to register it, the party may bring an action before a higher-level people’s court. If the higher-level people’s court considers that the conditions for filing are met, it shall register and hear the case, and may also designate another lower-level people’s court to register and hear the case. Put simply: A court has only two lawful choices when dealing with a claim—either register the case, or issue a ruling refusing to register it and state the reasons. Neither registering the case nor issuing a ruling is itself unlawful.

II. The Nature and Function of a Demand Letter

A demand letter is not a statutory procedure expressly prescribed by law, but it has important practical value: l A good-faith reminder: Before initiating formal remedies such as an appeal or complaint, it gives the court one final opportunity to perform its duties in accordance with the law l Preservation of evidence: It proves that the party has fully exercised its litigation rights and exhausted channels of communication l Procedural connection: It establishes a complete evidentiary chain for remedies such as bringing an action before a higher-level court or applying to the procuratorate at the same level for supervision l Psychological pressure: By citing legal grounds and clearly informing the court of available remedies, it prompts the court receiving the demand to handle the matter in accordance with the law The core spirit of a demand letter is not confrontation, but dialogue. Before formal legal proceedings are initiated, it gives the other party one final opportunity to perform its duties in accordance with the law, while also laying out a complete evidentiary chain for oneself, from negotiation to litigation.

III. The Complete Structure of a Demand Letter and Key Points for Writing Each Paragraph

The following provides a paragraph-by-paragraph breakdown, drawing on the writing methods used in the demand letter in the real case of Feng Zhenghu v. the Shanghai Municipal Government and in the “Demand Letter Concerning a Failure to Respond Within the Statutory Period to an Application for Government Information Disclosure.” (I) Title: Concise, accurate and clearly characterised Example: Demand Letter Concerning the Failure of the ××× People’s Court to Register Within the Statutory Period the Case of ××× v. ××× (Neither Registering the Case Nor Issuing a Ruling) Key points: • Accurate characterisation: Clearly identify it as a “demand letter,” and do not confuse it with other forms of writing such as a “complaint letter,” “statement of circumstances” or “petition” • Clear grounds: State “failure to register within the statutory period (neither registering the case nor issuing a ruling)” to directly identify the unlawful circumstances • Neutral tone: Be neither servile nor aggressive; do not use confrontational terms such as “warning,” “protest” or “ultimatum” (II) Party information: Complete, standardised and balanced Example (for an individual plaintiff): Demanding party (plaintiff): ×××, male/female, born ×× ××, ××××, of the ×× ethnic group\nCitizen identity number: _________\nAddress: ___________\nTelephone: ___________Party receiving the demand: ××× People’s Court\nAddress: ___________\nReceiving department: Case-Filing Division (or Office of the President) Example (for a legal person/organisation): Demanding party (plaintiff): ××× Co., Ltd.\nUnified social credit code: _______\nAddress: ________\nLegal representative: ×××\nTelephone: _________Party receiving the demand: ××× People’s Court\nAddress: ___________Key points: • The designations “demanding party” and “party receiving the demand” give the document the formal quality of a legal document • The demanding party’s information must be accurate, as it forms the basis for the court to verify identity and send documents • The full name of the court receiving the demand must be used, consistent with the court’s official seal • It is recommended that the receiving department be stated as the “Case-Filing Division”; the Office of the President may also be copied (III) Basic case information: Precise factual statements supported by evidence This is the most important factual basis of the demand letter and directly affects its credibility and subsequent legal effect. Example: In a dispute with ××× (defendant) over ×××, the demanding party submitted a “Civil/Administrative Statement of Claim” and relevant evidentiary materials—including × copies of the statement of claim, × sets of evidentiary materials and proof of the plaintiff’s identity—to your court via China Post EMS on ×× ××, ×××× (tracking number: ________), requesting that your court register and accept the case in accordance with the law. According to the EMS tracking records, your court signed for the above claim materials on ×× ××, ××××. As of the date this demand letter is sent (×× ××, ××××), your court has held the claim materials for more than ×× days, far exceeding the statutory seven-day period, yet your court has neither registered the case in accordance with the law nor issued a ruling refusing to register it, nor issued any written receipt explaining the reasons. Key points: 1. Dates and method must be accurate to the day and supported by receipts. State the specific date and method of submission of the statement of claim (EMS/in-person submission/online case-filing platform). The tracking number is the sole reference for tracing delivery records and must not be omitted. 2. Multiple submissions must be listed in full. If the party has made multiple submissions—for example, first filing online and then mailing written materials—the dates, methods and responses from the receiving court must be stated one by one to form a complete timeline. 3. Include an embedded calculation. For example: “Your court signed for the materials on ×× ××; the statutory seven-day period expired on ×× ××; as of the date this letter was sent, the delay is ×× days.” (IV) Legal grounds: Complete and accurate citation of statutory provisions Legal grounds are the “arsenal” of a demand letter. They must include the full name of the regulation, the specific provision and the original text; they must not be summarised from memory. Example (select citations according to the type of case): (I) Mandatory provisions on the case-registration system 1. Article 51 of the Administrative Litigation Law of the People’s Republic of China: When a people’s court receives a statement of claim, it shall register the case if the conditions for filing prescribed by this Law are met. If it is unable to determine on the spot whether the conditions for filing prescribed by this Law are met, it shall accept the statement of claim, issue a written receipt specifying the date of receipt, and decide within seven days whether to register the case. If the conditions for filing are not met, it shall issue a ruling refusing to register the case. The ruling shall state the reasons for refusing to register the case. If the plaintiff is dissatisfied with the ruling, the plaintiff may appeal. 2. Article 52 of the Administrative Litigation Law of the People’s Republic of China: If a people’s court neither registers a case nor issues a ruling refusing to register it, the party may bring an action before a higher-level people’s court. If the higher-level people’s court considers that the conditions for filing are met, it shall register and hear the case, and may also designate another lower-level people’s court to register and hear the case. 3. Decision of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing Governance According to Law: Reform the court case-acceptance system, changing the case-filing review system into a case-filing registration system; for cases that people’s courts should accept in accordance with the law, ensure that every case is registered and every action is heard, thereby safeguarding the parties’ right to bring actions. 4. Article 1 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Registration and Filing of Cases by People’s Courts: People’s courts shall implement a case-filing registration system for first-instance civil actions, administrative actions and criminal private prosecutions that should be accepted in accordance with the law. 5. Article 13 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Registration and Filing of Cases by People’s Courts: With respect to violations of laws and disciplines in case-filing work, including refusing to accept statements of claim, failing to issue written receipts after accepting statements of claim, failing to inform parties in a single instance of the contents of statements of claim requiring correction, failing to register cases, delaying case registration, interfering with case registration, and neither registering cases nor issuing rulings or decisions, parties may file a complaint with the people’s court hearing the case or a higher-level people’s court. The people’s court shall ascertain the facts within 15 days from accepting the complaint and provide feedback to the party. Where a violation of law or discipline is discovered, the relevant personnel shall be held responsible in accordance with the law and disciplinary rules; where a crime is constituted, criminal responsibility shall be pursued in accordance with the law. Civil cases may also cite: 6. Article 126 of the Civil Procedure Law of the People’s Republic of China: People’s courts shall safeguard the parties’ right to bring actions in accordance with the law. Actions that meet the requirements of Article 122 of this Law must be accepted. Where the conditions for filing are met, the case shall be registered within seven days and the parties notified; where the conditions for filing are not met, a ruling shall be issued within seven days refusing acceptance; if the plaintiff is dissatisfied with the ruling, the plaintiff may appeal. 7. Article 127 of the Civil Procedure Law of the People’s Republic of China: People’s courts shall handle the following actions according to the circumstances: … (5) Where a case concerning a judgment, ruling or mediation agreement that has taken legal effect is brought again by a party, the plaintiff shall be informed to apply for a retrial, except for a ruling permitting the plaintiff to withdraw the action … (V) Analysis of the conditions for filing the action (optional but recommended) Demonstrate that the demanding party’s action fully meets the statutory conditions, implying that there is “no lawful reason not to register the case.” Example: (II) The demanding party’s action meets the statutory conditions Article 49 of the Administrative Litigation Law of the People’s Republic of China provides that an action must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organisation that believes an administrative act has infringed its lawful rights and interests; (2) There is a clear defendant; (3) There are specific claims and factual grounds; and (4) The matter falls within the scope of cases accepted by people’s courts and under the jurisdiction of the court with which the action is filed. In this case: • Plaintiff ××× is a person directly interested in this case and meets the requirements for plaintiff standing; • Defendant ××× is clear; • The claims are specific (_________); • The factual grounds are sufficient (EMS mailing receipts, delivery records, etc.); • This case falls within the scope of cases accepted by people’s courts, and under the relevant provisions of ×××, your court has jurisdiction over the case. In conclusion, the demanding party’s action fully meets all conditions for filing prescribed by law and does not fall under circumstances in which a ruling refusing acceptance should be issued in accordance with the law. (VI) Demands: Layered and progressive, allowing for three lawful outcomes The demands are the action-oriented core of the document. It is recommended that they be written in a layered and progressive manner, anticipating the three lawful responses the court may make. Example: Based on the above facts and legal grounds, the demanding party, in good faith, reminds your court of the following statutory duties and solemnly demands as follows: First, your court is respectfully requested to immediately perform its case-filing review duties in accordance with the law. Your court is requested, within ×× days of receiving this demand letter, to handle in accordance with the law the “Statement of Claim” submitted by the demanding party on ×× ××, ××××: • If the conditions for filing are met, register the case in accordance with the law; • If you consider that the conditions for filing are not met, issue a ruling refusing to register the case in accordance with the law, stating in the ruling the specific reasons and legal grounds for refusing to register the case, so that the demanding party may exercise its right of appeal in accordance with the law. Second, if your court considers that the statement of claim requires correction, please inform the demanding party in writing, in a single instance, of the contents requiring correction, so that the demanding party may make timely corrections. Third, if your court considers that another people’s court has jurisdiction over the case, please inform the demanding party of the correct court with jurisdiction and the relevant legal grounds. Advantages of this approach: • It demonstrates the demanding party’s familiarity with legal procedures, implying “I have fully considered all possible grounds for your defence” • It leaves the court a lawful avenue for handling the matter, showing that the purpose of the demand is not to “insist on registration” but to “ensure lawful handling” • It closes off possible avenues for the court to shift responsibility (VII) Notice of remedies: Clear notice while leaving room for resolution This is the “ultimatum” section of the demand letter. It demonstrates the determination to protect one’s rights while leaving both sides room to reach a settlement. Example: The demanding party sincerely hopes that this incident was caused by an omission in work or a temporary delay in the circulation of procedures, and that it can be properly resolved without the need to initiate subsequent legal proceedings. However, in order to protect its lawful rights and interests in accordance with the law, the demanding party hereby expressly notifies your court: If, after receiving this demand letter, your court still fails either to register the case or to issue a ruling refusing to register it in accordance with the law, the demanding party will take the following remedies in accordance with the law: 1. Pursuant to Article 52 of the Administrative Litigation Law of the People’s Republic of China, bring an appeal or action before the higher-level people’s court (××× People’s Court), requesting that the higher-level people’s court register and hear the case in accordance with the law or designate another lower-level people’s court to register and hear it; 2. Pursuant to Article 13 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Registration and Filing of Cases by People’s Courts, file a complaint with the people’s court hearing the case or a higher-level people’s court, requesting that the facts be ascertained and that the relevant personnel be held responsible for violations of law and discipline; 3. Pursuant to the relevant provisions of the Rules of the People’s Procuratorates on Supervision of Administrative Litigation, apply to the procuratorate at the same level or a higher-level people’s procuratorate for legal supervision, requesting that the procuratorial authorities issue a procuratorial recommendation concerning your court’s unlawful failure to register the case within the statutory period; 4. Report the circumstances to the people’s congress at the same level and its standing committee in accordance with the law, requesting that they exercise their supervisory powers and urge the people’s court to perform its case-filing duties in accordance with the law. (VIII) Closing format and list of attachments Example: Respectfully submitted to the ××× People’s Court Demanding party: ____ (signature/seal) Date: __ year __ month __ day List of attachments: 1. Copy of the mailing receipt for the statement of claim (EMS waybill and delivery record) 2. Copy of screenshots showing submission records from the online case-filing platform (if any) 3. Copy of the “Statement of Claim” 4. Copy of the demanding party’s proof of identity 5. Other relevant evidentiary materials Key points: • The closing signature must be handwritten and the date stated—the date marks the starting point for calculating the reasonable period for a response after the demand • Attachments must be listed in full—the attached materials are both evidence supporting the facts stated in the demand and the basis for the court to verify identity

IV. Complete Template (May Be Modified and Used Directly)

The following is a complete template that can be used directly, based on an administrative litigation claim (for civil cases, only the statutory citations need to be adjusted): Demand Letter Concerning the Failure of the ××× People’s Court to Register Within the Statutory Period the Case of ××× v. ××× (Neither Registering the Case Nor Issuing a Ruling) To: ××× People’s Court Demanding party (plaintiff): ×××\n(Individual: name, sex, date of birth, ethnicity, identity card number, address, telephone)\n(Legal person: name, unified social credit code, address, legal representative, telephone) Party receiving the demand: ××× People’s Court\nAddress: _________ I. Basic Case Information In a dispute with ××× (defendant) over ×××, the demanding party submitted a “Statement of Claim” and relevant evidentiary materials—including × copies of the statement of claim, × sets of evidentiary materials and proof of the plaintiff’s identity—to your court via China Post EMS on __ __, ____ (tracking number: ________), requesting that your court register and accept the case in accordance with the law. According to the EMS tracking records, your court signed for the above claim materials on __ __, ____. (If a submission was previously made through an online case-filing platform, add: The demanding party previously submitted an online case-filing application to your court through the People’s Court Online Service Network on __ __, ____. Your court reviewed it and responded on __ __ [state the contents of the response]; it was submitted for a second time on __ __, and your court responded [state the contents of the response] …) As of the date this demand letter is sent (__ __, ____), your court has held the claim materials for more than __ days, far exceeding the statutory seven-day period for case-filing review, yet your court has neither registered the case in accordance with the law nor issued a ruling refusing to register it, nor issued any written receipt explaining the reasons. II. Legal Grounds (I) Mandatory provisions on the case-registration system 1. Article 126 of the Civil Procedure Law of the People’s Republic of China (civil cases) / Article 51 of the Administrative Litigation Law of the People’s Republic of China (administrative cases): When a people’s court receives a statement of claim, it shall register the case if the conditions for filing prescribed by this Law are met. If it is unable to determine on the spot whether the conditions for filing prescribed by this Law are met, it shall accept the statement of claim, issue a written receipt specifying the date of receipt, and decide within seven days whether to register the case. If the conditions for filing are not met, it shall issue a ruling refusing to register the case. The ruling shall state the reasons for refusing to register the case. If the plaintiff is dissatisfied with the ruling, the plaintiff may appeal. 2. Article 52 of the Administrative Litigation Law of the People’s Republic of China (applicable to administrative cases): If a people’s court neither registers a case nor issues a ruling refusing to register it, the party may bring an action before a higher-level people’s court. If the higher-level people’s court considers that the conditions for filing are met, it shall register and hear the case, and may also designate another lower-level people’s court to register and hear the case. 3. Article 13 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Registration and Filing of Cases by People’s Courts: With respect to violations of laws and disciplines in case-filing work, including refusing to accept statements of claim, failing to issue written receipts after accepting statements of claim, failing to inform parties in a single instance of the contents of statements of claim requiring correction, failing to register cases, delaying case registration, interfering with case registration, and neither registering cases nor issuing rulings or decisions, parties may file a complaint with the people’s court hearing the case or a higher-level people’s court. The people’s court shall ascertain the facts within 15 days from accepting the complaint and provide feedback to the party. Where a violation of law or discipline is discovered, the relevant personnel shall be held responsible in accordance with the law and disciplinary rules; where a crime is constituted, criminal responsibility shall be pursued in accordance with the law. (II) The demanding party’s action meets the statutory conditions In this case: • The demanding party is a person directly interested in this case and has lawful standing as a plaintiff; • The defendant is clear; • The claims are specific: _________; • The factual grounds are sufficient, including EMS mailing receipts, delivery records and other evidentiary materials; • This case falls within the scope of cases accepted by people’s courts, and your court has jurisdiction over the case. The demanding party’s action fully meets the conditions for filing prescribed by law and does not fall under circumstances in which a ruling refusing acceptance should be issued in accordance with the law. III. Demands Based on the above facts and legal grounds, the demanding party, in good faith, reminds your court of the following statutory duties and solemnly demands as follows: First, your court is respectfully requested to immediately perform its case-filing review duties in accordance with the law. Your court is requested, within __ days of receiving this demand letter, to handle in accordance with the law the “Statement of Claim” submitted by the demanding party on __ __, ____: • If the conditions for filing are met, register the case in accordance with the law; • If you consider that the conditions for filing are not met, issue a ruling refusing to register the case in accordance with the law, stating in the ruling the specific reasons and legal grounds for refusing to register the case, so that the demanding party may exercise its right of appeal in accordance with the law. Second, if your court considers that the statement of claim requires correction, please inform the demanding party in writing, in a single instance, of the contents requiring correction, so that the demanding party may make timely corrections. Third, if your court considers that another people’s court has jurisdiction over the case, please inform the demanding party of the correct court with jurisdiction and the relevant legal grounds. IV. Notice of Remedies The demanding party sincerely hopes that this incident was caused by an omission in work or a temporary delay in the circulation of procedures, and that it can be properly resolved without the need to initiate subsequent legal proceedings. However, in order to protect its lawful rights and interests in accordance with the law, the demanding party hereby expressly notifies your court: If, after receiving this demand letter, your court still fails either to register the case or to issue a ruling refusing to register it in accordance with the law, the demanding party will take the following remedies in accordance with the law: 1. Pursuant to relevant legal provisions, bring an appeal or action before a higher-level people’s court, requesting that the higher-level people’s court register and hear the case in accordance with the law or designate another lower-level people’s court to register and hear it; 2. Pursuant to Article 13 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Registration and Filing of Cases by People’s Courts, file a complaint with the people’s court hearing the case or a higher-level people’s court, requesting that the facts be ascertained and that the relevant personnel be held responsible for violations of law and discipline; 3. Apply to the procuratorate at the same level or a higher-level people’s procuratorate for legal supervision, requesting that the procuratorial authorities issue a procuratorial recommendation concerning your court’s unlawful failure to register the case within the statutory period; 4. Report the circumstances to the people’s congress at the same level and its standing committee in accordance with the law, requesting that they exercise their supervisory powers and urge the people’s court to perform its case-filing duties in accordance with the law. This case concerns the protection of the parties’ statutory right to bring an action and the implementation of the people’s courts’ case-filing registration system. Your court is respectfully requested to uphold judicial impartiality, adhere to the legal bottom line, perform its duties in accordance with the law and effectively protect the parties’ litigation rights. V. Demand Period Your court is requested to provide a written response within __ days of receiving this demand letter. The demanding party will decide whether to initiate the above remedies based on your court’s response. Respectfully submitted to the ××× People’s Court Demanding party: ____ (signature/seal) Date: __ year __ month __ day List of attachments: 1. Copy of the mailing receipt for the statement of claim (EMS waybill and delivery record) 2. Copy of screenshots showing submission records from the online case-filing platform (if any) 3. Copy of the “Statement of Claim” 4. Copy of the demanding party’s proof of identity (identity card/business licence) 5. Other relevant evidentiary materials

V. Ten Key Points for Writing a Demand Letter (Summary)

VI. Delivery Strategy and Evidence Preservation

1. Use EMS as the preferred mailing method and retain the complete record. When sending the demand letter to the court, China Post EMS must be used; private courier services may not be used. EMS tracking records have relatively strong probative value in legal proceedings. 2. Fill in the description of the contents. In the “Description of contents” field on the EMS waybill, enter “Demand letter concerning the failure to register case ×× within the statutory period.” 3. Print and preserve the delivery record. After sending the demand letter, promptly take screenshots of and print the delivery record from the China Post website or the EMS mini-program, and archive it as an attachment. The delivery record must show three elements: the mail number, the delivery time and the delivery status. 4. Set a reasonable waiting period and initiate subsequent proceedings at an appropriate time. After sending the demand letter, it is recommended that the court be given a reasonable response period of 7 to 15 days. If no response is received by the deadline, subsequent remedies may be initiated in accordance with the law, such as bringing an action before a higher-level court or applying to the procuratorate for supervision.

[Note]

The example document cited in this article is material from a real case and has been used with the author’s authorisation. Readers may freely convert this article into a PDF version of “How to Write a Demand Letter?”
The legal analysis in this article is for readers’ reference only. Please consult a practising lawyer regarding specific legal matters.