Shi Xiuju: Real-Name Complaint Letter Regarding the Shaanxi Provincial Health Commission’s Failure to Perform Its Statutory Regulatory Duties and the Xi’an Health Commission’s Failure to Fulfil Its Duty to Transfer Cases

National Health Commission of the People’s Republic of China：

Complainant：Shi Xiuju，female，Han ethnicity，born January 12, 1963

ID No.：612125196301122040

Telephone：15289381281

Address：Building 6, Xitie Community, Huaqing East Road, Xincheng District, Xi’an

Respondent：Shaanxi Provincial Health Commission

Address：No. 112, Lianhu District, Xi’an, Shaanxi

Requests：

1. Request that the competent higher-level authorities and regulatory departments investigate and handle, in accordance with the law, the serious dereliction of duty and misconduct by the Xi’an Municipal Health Commission（hereinafter the “Xi’an Health Commission”） in this case, including “administrative inaction” and “failure to transfer a case despite its existence, substituting mediation for criminal proceedings”。

2. Request that your Commission, pursuant to the Provisions on the Transfer of Cases Suspected of Constituting Crimes by Administrative Law-Enforcement Organs and other regulations， order and supervise the Shaanxi Provincial Health Commission to immediately perform its statutory duties， and lawfully transfer to the competent public security organ for filing and investigation the complete leads and evidentiary materials concerning the suspected criminal offenses by Xi’an Zhongnuo Stomatological Hospital and its medical personnel in this case。

3. Request that your Commission order the respondent to provide the applicant, within a prescribed period, with the lawful and valid physician qualification certificate and medical practice certificate information of Guo Juanni and Ma Lu。

4. Request an investigation into disciplinary and regulatory violations, including buck-passing, delay and protection, by the Shaanxi Provincial；7 Health Commission in handling this report, and that the relevant responsible personnel be held accountable。

Facts and grounds：

After receiving treatment and undergoing dental crown procedures at Xi’an Zhongnuo Stomatological Hospital, complainant Shi Xiuju suffered a series of devastating injuries. She believes that the hospital’s doctor, Ma Lu, is suspected of intentionally using toxic and harmful heavy metals, including cadmium, arsenic and thallium, and that the relevant conduct is suspected of constituting a criminal offense. However, during the years-long process of seeking redress, the Shaanxi Provincial Health Commission, which bears primary responsibility for supervision and case transfer, seriously failed to act. The specific facts are as follows：

I. Core facts：the complainant suffered significant damage to her health, and the leads of a criminal case are clear

On December 11, 2019, the complainant received dental crown treatment at Xi’an Zhongnuo Stomatological Hospital. During subsequent treatment, doctor Ma Lu（because of the complainant’s earlier efforts to seek redress） allegedly intentionally used illegal and harmful substances during the procedure, causing the complainant to subsequently develop serious, irreversible organic lesions across multiple systems throughout her body, including but not limited to：exposed tooth roots, extensive hair loss（60%）, blackouts in her vision, impaired eyesight, severe tinnitus, melanin deposition, cysts in multiple organs（liver and kidneys）, renal tubular injury, nephritic syndrome, gastric erosion and systemic microcirculatory disorders。

The seriousness of the above harm：its systemic nature and its temporal and spatial association with specific medical treatment far exceed the scope of an ordinary medical accident and strongly point to conduct regulated as a criminal offense under Article 335【Crime of Medical Malpractice】 or Article 234【Intentional Injury】 of the Criminal Law of the People’s Republic of China。

II. The key dereliction of duty by the Shaanxi Provincial Health Commission：refusal to perform its statutory duty to transfer the case

1. Statutory duty after receiving the report：since 2020, the complainant has repeatedly reported, in writing and through visits, the suspected criminal offenses by Xi’an Zhongnuo Stomatological Hospital and doctor Ma Lu to the Shaanxi Provincial Health Commission and submitted preliminary evidence of the harm。

2. Facts constituting administrative inaction：in the face of such clear leads concerning serious personal injury, the Shaanxi Provincial Health Commission did not initiate investigation and transfer procedures pursuant to Article 3 of the Provisions on the Transfer of Cases Suspected of Constituting Crimes by Administrative Law-Enforcement Organs, which provides: “Where, in the course of lawfully investigating and handling an illegal act, an administrative law-enforcement organ discovers that the illegal facts are suspected of constituting a crime and criminal responsibility must be pursued in accordance with the law, it must transfer the case to the public security organ in accordance with these provisions”。

3. Incorrect characterization of the conduct：in receiving the complainant or responding to her, the Shaanxi Provincial Health Commission and its staff have consistently attempted to characterize this case as “an ordinary medical dispute” and guided the complainant to resolve it through civil mediation or medical-accident appraisal. This approach of “substituting civil proceedings for criminal proceedings” and “substituting mediation for investigation” is, in substance, the use of administrative management functions to conceal and suppress leads of criminal offenses, and is a typical instance of administrative inaction and arbitrary action。

4. Violation of information disclosure requirements：since 2020, the complainant has repeatedly requested that the respondent provide information on the physician qualification certificates and medical practice certificates of the doctors involved, Guo Juanni and Ma Lu, but the respondent has consistently refused to provide it on various grounds. Its conduct has violated relevant government information disclosure regulations and constitutes administrative inaction。

III. The illegality and harmfulness of its conduct

1. Without legal basis：the duties of the Shaanxi Provincial Health Commission are not limited to handling medical disputes. Upon discovering leads of a suspected criminal offense, it must transfer them to the public security organ. This is a mandatory legal obligation it cannot shirk, rather than a discretionary power. Its decision not to transfer the case lacks any legal basis。

2. Procedural violation：its conduct directly violated the State Council’s Provisions on the Transfer of Cases Suspected of Constituting Crimes by Administrative Law-Enforcement Organs and constitutes a procedural violation。

3. Serious consequences：its failure to act has resulted in：

Delay in the criminal investigation：key evidence（such as the medicines and medical devices used by the hospital at the time, and electronic records） may be lost, and criminal suspects may collude in giving false testimony or flee。

Secondary infringement of citizens’ rights：the complainant has not only endured physical suffering, but her avenue for seeking criminal justice has also been unlawfully blocked by administrative departments, preventing justice from being served. This has undermined the order of medical administration and social fairness and justice。

IV. Core criminal issues that need to be transferred by the Shaanxi Provincial Health Commission and ascertained by the public security organ

1. Tracing of key physical evidence：the specific composition, physicochemical properties, procurement source and distribution channels of the substance（an unofficial medicine or preparation） used by doctor Ma Lu while treating the complainant. Does the substance constitute a prohibited or toxic and harmful substance？

2. Investigation of subjective intent：in conjunction with doctor-patient communication records, witness testimony and other evidence, investigate Ma Lu’s state of mind when using this specific substance: negligence, indirect intent or direct intent？

3. Eligibility of the parties and organizational liability：were there systemic deficiencies in Xi’an Zhongnuo Stomatological Hospital’s management of medicines and preparations within the hospital？Was this an individual crime, or could it involve an organizational crime？

4. Causal-relationship appraisal：commission a nationally authoritative forensic judicial appraisal institution to conduct a criminal-science appraisal of the causal relationship between the complainant’s systemic injuries and the substances involved, in order to determine whether the degree of harm meets the criminal filing threshold of “serious injury” or “seriously harming the health of a person receiving medical treatment”。

In summary， faced with clear leads of suspected criminal offenses, the Shaanxi Provincial Health Commission has long disregarded the complainant’s demands and refused to perform its statutory duty to transfer the case. The facts of its “administrative inaction” are clear and the nature of its conduct is egregious. This is not only a trampling of the complainant’s individual rights, but also a challenge to the dignity of the nation’s laws。

The complainant now submits this real-name complaint pursuant to the Supervision Law of the People’s Republic of China, the Regulations on Letters and Visits and other provisions. She respectfully requests that the National Health Commission, as the competent higher-level authority, and the Shaanxi Provincial Commission for Discipline Inspection and Supervision, as the statutory supervisory authority, immediately intervene and investigate, correct this serious unlawful administrative issue, urge the lawful transfer of this case into the criminal justice process, and safeguard the authority of the law and the basic human rights of citizens。

Respectfully submitted to：

National Health Commission of the People’s Republic of China

Complainant： Shi Xiuju

Date：June 29, 2026