A 2.4-kilometer child friendly park belt will be built on Xiangmei Road in Shenzhen. Lawyers analyze the safety responsibilities and compliance points of public spaces in urban renewal
Recently, the Xiangmei Road International Friendship Park in Futian District, Shenzhen was officially unveiled. The 2.4-kilometer-long strip of green space connects five continents of garden styles and six themed gardens, supporting a 1754 square meter children's play area, three all age fitness areas, and a flexible running track. Volcanic climbing areas, kangaroo parks, elephant slides and other facilities have quickly become hot spots for parent-child check-in, with citizens praising them as "safe and fun". From the perspective of urban governance, this is a successful example of revitalizing idle street corners through micro updates; But from a legal perspective, the key to determining whether this' surprise 'can last long is the safety management, facility compliance, and responsibility division after the opening of public spaces.
1、 Where is the compliance red line for the renovation of idle land in urban micro renewal land
The core operation of Xiangmei Road Park Belt is to "revitalize idle street corner plots". Against the backdrop of highly scarce land resources in Shenzhen, such micro updates often involve complex issues such as land use nature adjustment, temporary occupation of public green spaces, and setback of road red lines. According to the "Shenzhen Urban Renewal Measures" and its implementation rules, the use of existing green spaces and street corner spaces for functional improvement usually does not require a change in land use. However, if it involves the construction of new fixed structures, changes in green space ratio, or the occupation of municipal road land, approval from the planning and natural resources departments must be obtained.
In practice, some projects are rushed to meet the deadline and are constructed without completing all approval procedures, which poses legal risks. Once identified as illegal construction, not only will it face administrative penalties, but the already built amusement facilities may also be ordered to be dismantled, with no return on the initial investment. In addition, the park belt spans multiple ownership plots, and if a clear usage agreement is not signed with the land rights holder, it is highly likely to lead to ownership disputes in the future. Lawyers from Guangdong Zhiming Law Firm remind that urban micro renewal projects should complete land compliance review during the project initiation stage, clarify the legal relationships between all parties, and avoid the dual administrative and civil risks caused by "getting on the train first and then paying for tickets".
2、 Safety of Children's Amusement Facilities: Operator's Duty of Care and Tort Liability
The volcanic climbing area, kangaroo park, elephant slide and other facilities within the park are open for free, but this does not mean that the management can be exempted from responsibility. Article 1198 of the Civil Code clearly stipulates that operators, managers, or organizers of public places such as hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues, etc. who fail to fulfill their safety protection obligations and cause harm to others shall bear tort liability. As a public place, the managers of parks also have the obligation to ensure safety.
Specifically for children's playground facilities, the management has a higher standard of duty of care. Whether the corners of the facility are rounded, whether the anti slip grip is firm, whether the slope of the slide is suitable for the age group, and whether the ground buffer layer meets national standards are all key factors in determining whether it is responsible. If children are injured due to facility defects or inadequate maintenance, the management may face infringement compensation. What needs to be more vigilant is that if the facility design itself violates mandatory standards such as the "Safety Regulations for Children's Amusement Facilities", it may also trigger product liability, and the accountability chain will extend to the design party, construction party, and material supplier.
In practice, many managers of free open spaces mistakenly believe that "free means exempt from liability", which is a typical legal misconception. The obligation of security protection is not exempted for free, but can only be mitigated by fulfilling reasonable care obligations. It is recommended that the operator establish a daily inspection ledger, set up prominent safety reminders, install monitoring in high-risk areas, and equip first aid kits. These are not only management needs, but also key evidence of exemption in future litigation.
3、 Accessibility and Age Friendly: From Advocacy Requirements to Legal Obligations
The park belt emphasizes "age friendliness" and is equipped with accessible slow walking trails and flexible tracks, which is not only a design concept but also a mandatory requirement at the legal level. Article 53 of the Law of the People's Republic of China on the Protection of Persons with Disabilities stipulates that the construction, renovation, and expansion of buildings, roads, transportation facilities, etc. shall comply with the relevant national standards for the construction of barrier free facilities. After the implementation of the Law on the Construction of Barrier free Environment in 2023, the responsibility for the construction and maintenance of barrier free facilities in public places has been further clarified.
If there is a height difference, steep slope, or lack of maintenance in the accessible passages of the park, resulting in obstruction or even injury to the elderly and disabled, the management may be deemed to have failed to fulfill their legal obligations and face administrative rectification requirements and civil compensation. As a pilot demonstration zone, Shenzhen has stricter requirements for barrier free environments, and relevant projects should introduce barrier free special reviews during the acceptance stage.
In addition, if the fitness area for all ages is not properly divided for users of different age groups, the intersection of activity flow lines between the elderly and children may also increase the probability of accidental injuries. Lawyers suggest conducting safety risk assessments during the planning phase, regularly reviewing site usage after operation, adjusting functional layouts in a timely manner, and proactively resolving legal risks.
4、 Public space governance: the tripartite responsibility boundary between the government, operators, and citizens
The construction of Xiangmei Road Park belt is led by government departments, and may be operated by a third party or directly managed by the street office in the future. Regardless of the mode, the boundary of responsibility must be clearly defined in the agreement. If the government procurement service model is adopted and the operator fails to fulfill its maintenance obligations as agreed, resulting in accidents, the government, as the purchaser, may also bear joint and several liability.
For citizens, while enjoying the convenience of public spaces, they also need to fulfill their guardianship responsibilities. Parents should take full care of their young children when using climbing frames and slides to avoid bearing partial responsibility for any damage caused by lack of supervision. In judicial practice, the court usually divides the proportion of responsibility based on the degree of fault of both parties. If the guardian fails to fulfill their reasonable guardianship obligations, they may have to bear 30% to 50% of the losses themselves.
Urban micro renewal is an important path for Shenzhen to improve people's livelihood and well-being, but behind every internet celebrity check-in point, solid support from legal compliance is needed. Guangdong Zhiming Law Firm specializes in the field of urban renewal and tort liability in Shenzhen, providing full process legal services such as land compliance review, safety management system construction, and accident dispute response for government departments and operating enterprises, making public spaces more humane and secure.
