Road Occupation Construction on Xiusha Road in Pingshan, Shenzhen Forces Teachers and Students to Detour; Lawyer Analyzes Occupation Permits and Right-of-Way Guarantees
In late August 2026, about 2 kilometers east of Xiusha Road in Pingshan District, Shenzhen, the sidewalks and non-motorized vehicle lanes were enclosed by construction barriers, forcing pedestrians and cyclists to detour to the opposite side. The section is adjacent to Julong Science High School and the Affiliated High School of Shenzhen Technology University, and with the school year about to begin, concerns have been raised over the safety of teachers and students commuting. The construction unit responded that the road occupation work has been permitted, and that temporary passageways are difficult to add at present due to insufficient road width. On the surface, this matter is a conflict between municipal engineering and public convenience, but in essence it involves legal issues such as the boundaries of administrative permits, the protection of public right of way, and the statutory obligations of the construction party. As a Shenzhen lawyer who has long handled construction and administrative legal matters, I will analyze this incident from a legal perspective and provide practical rights-protection approaches for the affected citizens and schools.
The Legal Framework and Boundaries of Legality for Road Occupation Construction Permits
The construction unit emphasized that it has obtained the "Shenzhen Permit Decision for Occupying and Excavating Roads," which is typically issued in accordance with Article 32 of the Road Traffic Safety Law and the relevant provisions of the Urban Road Management Regulations. This permit allows the construction party to occupy the road within a specific period, but it does not mean that construction can be carried out arbitrarily with "a mere piece of paper." The permit decision generally specifies the scope of road occupation, the duration, and the traffic diversion plan, all of which the construction party must strictly comply with. If the actual fencing scope exceeds the permitted range, or if warning signs and guidance facilities are not installed in accordance with the approved diversion plan, it may constitute illegal road occupation, and the administrative authorities may order rectification or even impose penalties. In this case, the construction unit claimed that detour notices had been set up in accordance with the plan, but residents reported inconvenience in passage. This reminds us that an administrative permit is not only an "authorization" but also a "restriction of rights," and the construction party's obligations are not exempted by obtaining the permit.
Additionally, the license period is from February 2026 to February 2027, lasting one full year, requiring continuous assessment of the impact on surrounding schools and residents. If construction causes severe disruption to traffic, the administrative authority should dynamically adjust the plan rather than mechanically enforce the original permit.
The statutory obligation of the construction party to set up temporary passageways and the defense of exemption from liability
The focus of residents' demands is the addition of temporary passageways. The construction company refused on the grounds that "the road is not wide enough and mixed traffic could easily lead to accidents," but this defense should be carefully examined from a legal perspective. According to Article 32 of the Road Traffic Safety Law, the construction unit shall carry out construction operations on approved road sections and within approved time periods, and shall set up clear safety warning signs at a safe distance from the construction site in the direction of oncoming traffic, and take protective measures; upon completion of the construction, it shall promptly remove obstacles from the road and eliminate safety hazards. This implies an obligation to ensure traffic safety, but it does not explicitly require the provision of temporary passageways. However, local regulations such as the Shenzhen Measures for the Management of Road Occupation and Excavation typically require the construction party to formulate a traffic diversion plan to ensure that pedestrians and non-motorized vehicles have safe passage routes.
If the existing detour plan requires pedestrians to cross lanes on the opposite side, increasing the risk of accidents, the construction party may have failed to exercise reasonable duty of care. In judicial practice, courts often apply the standards of "reasonable convenience" and "safety assurance" to rule that the construction party must add temporary passages or adjust the scope of fencing. For example, in a case in Shenzhen, the construction party was held primarily liable because a pedestrian was injured due to the absence of a temporary walkway. Therefore, the construction party cannot simply evade responsibility on the grounds of "insufficient width" but should provide alternative solutions, such as phased construction, time-limited access, or the installation of temporary traffic signals.
Legal pathways and legal basis for schools and citizens to defend their rights.
The affected Julong Science High School, the Affiliated High School of Shenzhen Technology University, and nearby residents have the right, under Article 291 of the Civil Code concerning neighboring relations, to require the construction party to provide necessary passage convenience. This provision stipulates that if a real property right holder must use adjacent land for constructing or repairing buildings, the neighboring party shall permit such use; however, if damage is caused to the other party, compensation shall be made. Although the construction party's occupation of the road is lawful, if it long-term obstructs passage, disrupts the normal teaching order of the schools, and endangers the safety of teachers and students, it constitutes excessive interference with neighboring rights.
Specific rights protection pathways include: First, file a written complaint with the Shenzhen Municipal Transportation Bureau or the Pingshan District Transportation and Rail Management Center, requesting a review of the compliance of the construction permit and an order for the construction party to add temporary passageways. Second, in accordance with Article 12 of the Administrative Procedure Law, if the administrative authority fails to fulfill its supervisory duties, an administrative lawsuit may be filed. Third, if personal injury occurs due to the detour, the construction party may be sued for tort liability under Article 1165 of the Civil Code. Additionally, the school may join forces with the parent committee to collectively report through the "Principal's Mailbox" or the "12345" hotline, thereby generating public pressure.
Examining the Optimization Direction of Urban Governance and Legal Coordination Through Case Studies
This incident reflects the tension between "efficiency first" and "livelihood security" in urban renewal. The construction party emphasizes legal permits, while citizens emphasize practical convenience—both sides have valid grounds, but the value of law lies in balance. Lawyers believe that improving the approval process for road-occupying construction should introduce a "public participation" mechanism, publishing plans for public comment before permits are granted and soliciting input from roadside businesses and residents. During construction, dynamic assessments should be established; for example, during school rush hours, construction parties could be required to stagger their work schedules. Meanwhile, regulatory authorities should strengthen inspections and promptly correct any deviations from the approved construction plans.
From a legal practice perspective, citizens are advised to preserve evidence such as on-site photos, videos, and complaint records for potential legal needs. If construction causes property damage or personal injury, consult a professional lawyer promptly to calculate the scope of compensation. Guangdong Zhiming Law Firm has long focused on legal issues in Shenzhen's urban construction and can provide compliance review and dispute resolution services for citizens, schools, or construction units, contributing to more law-based and humanized urban governance.
Law is not merely words on paper, but a key to resolving conflicts. The barriers on Xiusha Road will eventually be removed, yet how to ensure lawful construction does not deviate from the original intent of the law is something every Shenzhen resident should ponder.
