legal-article-retrieval

Overall Retrieval Process Diagram

准备阶段 → 思维阶段 → 执行阶段 → 复核阶段 → 成果阶段
    ↓         ↓         ↓         ↓         ↓
明确目的   法源位阶   体系检索   交叉验证   报告呈现
工具配置   法律关系   关键词法   涵摄检验   结论形成
          请求权思维  案例倒查   检索循环   风险提示
          效力甄别
          冲突处理

Phase One: Retrieval Preparation and Information Confirmation

1.1 Definition of Retrieval Purpose

Law is abstract; the provisions themselves may have problems such as unclear semantic meaning in the major premise or unclear connotation and extension of terms. In practice, parties often argue endlessly over the specific meaning of a provision, each holding to their own view. Therefore, before citing a legal rule, a lawyer should not only understand the literal meaning and logical structure of the provision itself, but also consider its applicable elements and refer to authoritative interpretations made by relevant entities.

Typical Retrieval Scenarios：

1. Determining the legal basis for litigation claims
2. Reviewing the law applicable to the opposing party
3. Rechecking the law applied in an adjudication

[Case Demonstration] Highway and Residential Area Distance Case Retrieval purpose: To ascertain the restrictive provisions on how far a highway should be kept from residential areas

1.2 Confirmation of Preliminary Information (Mandatory Process)

Before entering legal retrieval, it must be confirmed that the following information has been obtained:

Information Category	Content That Must Be Confirmed
Type of dispute	Labor dispute/contract dispute/tort liability/marriage and family/administrative, etc.
Subject information	You (worker/consumer/plaintiff, etc.) vs. the other party (entity/seller/defendant, etc.)
Core facts	What happened? Time, place, conduct
Focus of dispute	What do you want? (Compensation/rights protection/determination of liability, etc.)
Regional information	If local regulations are involved, the province/city must be known
Legal relationship	The legal relationship between the user and the other party (such as a labor contract/sales contract, etc.)

Question template：

请补充以下信息，以便我准确检索法律依据：

1. 【争议类型】您遇到的是哪类法律问题？
   - 劳动争议（加班工资、离职、工伤等）
   - 合同纠纷（买卖、租赁、借贷等）
   - 侵权责任（交通事故、人身损害等）
   - 婚姻家庭（离婚、继承、财产等）
   - 其他（请说明）

2. 【主体信息】您的身份是？
   - 劳动者 / 消费者 / 公民 / 企业 等

3. 【核心事实】请简要描述发生了什么（时间、经过、诉求）

4. 【地域】是否涉及特定地区？（如北上广深等有特殊规定的地方）

5. 【法律关系】您与对方是否签订了合同？（如劳动合同/服务合同等）

[Strictly Prohibited]

• It is prohibited to call any legal retrieval tool before the user confirms the facts
• It is prohibited to conduct inferential legal analysis based on assumptions
• It is prohibited to include legal conclusions in the fact summary

Process requirements：

1. Output a "fact summary", including: subjects (you vs. the other party), timeline (what happened), conduct (specific acts), focus of dispute (what you want), region (involved area)
2. Clearly ask for confirmation: "Are the above facts accurate? If there are additions or corrections, please explain."
3. Only after the user confirms may the legal retrieval stage begin

[Case Demonstration] Highway and Residential Area Distance Case

• Subject: Highway construction unit vs. owners of nearby residential areas
• Core facts: The highway was built too close to a residential area, and the owners claim that their rights and interests were harmed
• Focus of dispute: Whether the law has clear restrictions on the distance between highways and residential areas
• Region：National laws and local regulations must be considered (e.g., Guangdong Province Highway Regulations)

---

Phase Two: Search Tool Configuration and Database Selection

According to the types of sources of law, they are divided into

Type	Source	Effect	Applicable Requirements
Formal Sources	Constitution, statutes, administrative regulations, local regulations, departmental rules, international treaties	Has expressly stipulated legal effect and must be considered	Directly used as the basis for adjudication
Informal Sources	Customs, policies, guiding cases, legal theory, moral principles	Does not have expressly stipulated legal effect, but has legal persuasiveness and may be considered	Assists in the application of formal sources or fills gaps

2.1 Primary Databases (Original Legal Resources)

Definition：Normative legal resources, mainly referring to laws, administrative regulations, legal interpretations, etc., enacted and promulgated by national legislative bodies and governments; in common law countries, it also includes judicial precedents and decisions. Such resources have legal effect and are normative.

Characteristics：

1. Mandatory and normative
2. Different levels of effect
3. Legal documents are time-sensitive
4. The volume of legal literature and materials is large
5. Retrieved and used through a certain method

Commonly Used Primary Databases：

• PKULaw (including English version)
• Lawyee
• Yuedan Knowledge Base
• Westlaw China
• WestlawNext
• Lexis Advance
• HeinOnline
• Max Planck Encyclopedia of Public International Law Online
• kluwer law online
• Beck-online (German)
• China Judgments Online

[Case Demonstration] Highway and Residential Area Distance Case Search Tools：PKULaw, China Judgments Online

2.2 Auxiliary Databases (Secondary Legal Resources)

Definition：Non-normative legal resources, referring to all literature and information that explains, studies, discusses, and comments on law, such as law review articles, legal monographs, textbooks, interpretations or explanations of laws and cases, etc. Such resources have no legal effect.

Characteristics：

• Multiple publication types, large quantity, widely used
• Search according to different document types (books, journals, dissertations, etc.)
• Includes new media resources such as self-media and WeChat official accounts

Types of Auxiliary Resources：

• Secondary Materials：Textbooks, practice guides, monographs, WeChat official accounts, Wolters Kluwer professional interpretations, existing law firm work products, government official websites, case analyses, academic articles, online discussions, legislative trends, etc.
• Global Search：Search engines (Google, Baidu, Sogou WeChat) to search articles and understand the background
• AI Assistance：AI is used for fuzzy search and preliminary analysis,but it must be verified against primary databases before use

Important Note：The title, category, issuing department, issue date, effective date, validity, etc. of laws and regulations are of particularly important significance.

2.3 Self-Provided Databases

• The user's local database
• Case-handling experience accumulated by the law firm itself

---

Phase Three: Search Thinking and Methodological Framework

3.1 Retrieval by hierarchy of legal sources

Retrieval order: Constitution → Law → Administrative regulations → Local regulations → Departmental rules → Judicial interpretations

Contemporary Chinese system of legal sources：

Hierarchy	Enacting authority	Characteristics	Examples
Constitution	National People's Congress	Fundamental law, highest效力	Constitution of the People's Republic of China
Law	National People's Congress and its Standing Committee	Effect inferior only to the Constitution	Civil Code, Labor Law
Administrative regulations	State Council	Effect lower than law	Regulations on the Implementation of the Labor Contract Law
Local regulations	Provincial/people's congresses and their standing committees of cities divided into districts	Applicable within their respective administrative areas	Guangdong Province Highway Regulations
Departmental rules	Ministries and commissions of the State Council	Specific fields of administrative management	Interim Provisions on Payment of Wages
Judicial interpretations	Supreme People's Court/Supreme People's Procuratorate	Have legal effect	Fa Shi [2020] No. 17

Rules on hierarchy of effect(as provided by the Legislation Law):

• The Constitution has the highest legal effect
• The effect of laws is higher than that of administrative regulations, local regulations, and rules
• The effect of administrative regulations is higher than that of local regulations and rules
• The effect of local regulations is higher than that of the rules of the same-level and lower-level local governments
• The effect of the rules of provincial and autonomous region governments is higher than that of the rules of governments of cities divided into districts and autonomous prefectures within their respective administrative areas

Application rules：

• Normative documents enacted by the same organ: where special provisions are inconsistent with general provisions, the special provisions apply; where new provisions are inconsistent with old provisions, the new provisions apply
• Procedure for deciding effect: conflicts between laws are decided by the Standing Committee of the National People's Congress; conflicts between administrative regulations are decided by the State Council; conflicts between departmental rules and local government rules are decided by the State Council

Operational key points：

• Record invalid retrieval paths (to understand legislative gaps)
• Excerpt effective provisions and keep the original text intact
• Identify the jurisdictional area and the hierarchy relationship of the issuing authority
• Mark documents of authorities without competence (e.g., internal minutes cannot directly serve as the basis for adjudication)

[Case demonstration] Highway and residential area distance case Retrieval process by hierarchy of legal sources：

• Invalid retrieval(record path): Road Traffic Safety Law, Implementing Regulations of the Road Traffic Safety Law, Rules for the Implementation of the Measures for Completion (Handover) Acceptance of Highway Projects (no specific distance provisions)
• Valid retrieval：
  • Law: Article 83 of the General Principles of Civil Law (neighboring relations), Article 106 (tort liability), Article 91 of the Property Law (real property safety)
  • Administrative regulations: Article 11 of the Regulations on Highway Safety Protection (the highway building control zone shall be no less than 30 meters), Articles 13 and 28
  • Local regulations: Articles 5 and 9 of the Guangdong Province Highway Regulations (highways and building complexes shall be no less than 200 meters apart)
  • Other normative documents: Article 3.0.1 of the Technical Standard for Highway Engineering

3.2 Legal relationship thinking

Core logic: Examine legal relationships in the chronological order in which the facts of the case occurred, with the legal relationship as the focus of examination; the determination of legal facts and legal relationships precedes the search for norms.

Logical dimension	After update
Temporal logic	Refined into the complete life cycle of establishment of the legal relationship → validity → performance → modification
Subject logic	Types of subjects, capacity for rights/capacity for conduct, distinction between absolute/relative legal relationships, structure of the content of rights and obligations (right of control/right of claim/right of defense/right of formation)
Systematic logic	General provisions - specific provisions - exceptions structure*, clarifying the application order of "specific provisions before general provisions," and the levels of examination of principle - exception - proviso

**Search process

Step	Explanation	Logical dimension
1. Determine the legal relationship	Labor relationship/contractual relationship/tort relationship/neighboring relationship	Subject logic
2. Determine the type of right	Right of control/right of claim/right of defense/right of formation	Content logic
3. Determine the applicable law	Special provisions → specific provisions → general provisions	Systematic logic
4. Break down the constitutive requirements	Subject, object, content, liability	Structural logic
5. Compare the requirements item by item	Subsumption of facts	Temporal logic
6. Examine defenses and exceptions	Grounds for obstruction	Exception logic
7. Hierarchical search	Higher hierarchy → lower hierarchy	Hierarchy logic
8. Case verification	Guiding cases	Practical logic

• Search content

Knowledge of civil legal relationships	Its manifestation in search thinking
Subject system of the General Provisions	Examination of subject qualification (capacity for rights, capacity for conduct)
Distinction between absolute rights and relative rights	Differences in search paths between absolute legal relationships vs relative legal relationships
Classification of rights (control/claim/defense/formation)	Methods for breaking down the constitutive requirements of different types of rights
Legislative technique combining general and specific provisions	The search order of "specific provisions before general provisions"
Principles and exceptions	Priority examination of proviso clauses
Correspondence between rights and obligations	Two-way search from one party's right → the other party's obligation

[Case demonstration] Case of the distance between an expressway and a residential area Characterization of the legal relationship: Neighboring relationship dispute + tort liability dispute

• Subject qualification: expressway construction unit (real estate rights holder) vs neighboring residents (holders of rights over neighboring real estate)
• Rights and obligations: the construction unit must not endanger the safety of neighboring real estate, and residents enjoy protection of neighboring rights
• Legal application: The neighboring relationship provisions of the General Principles of Civil Law, Article 91 of the Property Law, the Tort Liability Law

1. General Part-Specific Part application relationship

Applicable hierarchy	Search order	Functional positioning	Application of the highway case
Special provisions	Priority search	Dedicated provisions	Article 11 of the Highway Safety Protection Regulations (30 meters)
Specific Part provisions	Next search	General provisions	Chapter 7 of the Property Part of the Civil Code (neighboring relationships)
General Part provisions	Supplementary search	Fallback application	Article 8 of the Civil Code (public order and good morals)

Principle-exception structure analysis

30米规定（强制性规范，底线）
    └── 200米规定（规划性规范，高线）
            └── 但书条款："根据安全视距等要求确定"

Systematic logical conclusion：

• <30 meters: directly illegal
• 30-200 meters: further review is needed as to whether it "endangers safety"
• ≥200 meters: complies with planning, generally not tortious
  Structure of rights and obligations content

权利体系
├── 支配权（物权、人格权）→ 绝对权 → 对世性
├── 请求权（债权）→ 相对权 → 对人性
├── 抗辩权（对抗请求权）
└── 形成权（单方变动法律关系）

义务体系
├── 作为义务（积极行为）
└── 不作为义务（不得侵害）

3.3 Claim-based thinking search

Core logic: Taking the basis of the claim as the starting point, examine whether the plaintiff's litigation request can be established; norm-finding precedes the determination of legal facts.

1. Search order

1. Whether the claim has been established
2. Whether the claim has not been extinguished
3. Whether the claim can be exercised

第一阶：合同上的请求权（私法自治优先）
    └── 优先于无因管理、物权、侵权、不当得利的详细理由表格
    
第二阶：单方法律行为的请求权（遗赠、悬赏广告）

第三阶：类契约请求权（缔约过失、无权代理）
    └── 优先理由：与缔约有关，诚信义务高于一般关系

第四阶：身份法上的请求权（扶养费、抚养费、赡养费）

第五阶：无因管理请求权（合法阻却）
    └── 违法阻却性 + 契合社会主义核心价值观（避免"彭宇案"恶果）

第六阶：物权请求权（物权保护优先）
    └── 优先于债权的三大理由（效力优先、不适用时效、无需过错）
    └── 四种类型表格（返还原物、排除妨碍、消除危险、恢复原状）

第七阶：占有保护请求权（事实状态保护）
    └── 四种类型 + 1年除斥期间

第八阶：不当得利请求权（利益变动矫正）
    └── 优先于侵权的理由（不以过错为要件）

第九阶：侵权请求权（兜底保护）
    └── 四种类型（一般、过错推定、无过错、共同）
    └── 放在最后的理由（不作为其他请求权前提）

2. Concurrence and choice of claims (highway case)

Basis of the claim	Applicable conditions	Advantages	Disadvantages	Recommendation
Property right claim(Article 236)	Obstruction or possible obstruction of property rights	No fault required, statute of limitations does not apply	Does not support damages	Assert with priority
Tort claim(Article 1165)	Fault-based tort	Supports damages	Requires proof of fault	Assert in parallel

Litigation strategy：

• Assert both the property right claim and the tort claim (aggregation of claims)
• First assert removal of obstruction and elimination of danger
• Simultaneously assert damages

3. Three-tier structure for examining claims

请求权是否已成立？
    ├── 该当性（符合构成要件）
    ├── 违法性（是否存在阻却事由）
    └── 有责性（是否存在过错）
        ↓
请求权是否未消灭？
    ├── 清偿、提存、抵销、免除、混同
    ├── 诉讼时效期间届满
    └── 权利人放弃权利
        ↓
请求权是否可行使？
    ├── 是否存在抗辩权
    └── 是否存在其他行使障碍

4. Supplementary explanation of legal theory

Section	Content
Legislative purpose	Contract (private autonomy), property rights (protection of the state of control), tort (compensation for damage), unjust enrichment (correction of imbalance)
Academic views	Medicus (economy of thought), Wang Zejian (the basis of claims is the cornerstone of civil law thinking), Wang Liming (legal methodology), Zhu Qingyu (system of effectiveness of juristic acts)
Interpretation methods	Literal interpretation, systematic interpretation, purposive interpretation, historical interpretation, comparative law interpretation

1. Case: Nine-stage review table for the highway case

Order	Type of claim	Review conclusion	Reason
1	Contract claim	❌ Not established	No contractual relationship exists
2	Unilateral act	❌ Not established	No testamentary gift or reward advertisement exists
3	Quasi-contract	❌ Not established	No culpa in contrahendo exists
4	Status law	❌ Not established	Non-status relationship
5	Negotiorum gestio	❌ Not established	The construction unit manages its own affairs
6	Real right claim	✅ Established	May claim removal of obstruction and elimination of danger
7	Possessory protection	△ May be established	But the real right claim is preferable
8	Unjust enrichment	❌ Not established	Has a legal basis (approval)
9	Tort claim	✅ Established	May claim damages

3.4 Screening the Validity of Legal Provisions

Operating procedure

Steps	Review content	Inspection method
Step 1: Formal review	Authenticity/accuracy	Cross-verify using two or more authoritative databases
Step 2: Substantive review	Validity (repealed, amended, pending effect)	Check validity status and determine the nature of the document
Step 3: Applicability review	Subject-matter validity (personal + spatial)	Determine the identity of the subject, geographical scope, and nature of the act
Step 4: Temporal review	Temporal validity (entry into force, termination, retroactivity); substantive law is not retroactive, substantive judicial interpretations have substantive retroactive effect, and procedural law applies immediately	Establish a case timeline, noting the scope of application for first instance/second instance/retrial
Step 5: Hierarchy review	Hierarchy of validity	Examine the enacting body, determine whether there is conflict, and resolve conflicts

Theoretical framework of legal validity

Types of validity	Core issues	Integration points
Validity as to persons	To whom the law is valid	Third point: Subject-matter validity (personalism/territorialism/protectionism/eclecticism)
Spatial validity	Where the law is valid	Third point: Subject-matter validity (central legislation/local legislation; extraterritorial effect)
Temporal validity	When the law is valid	Fourth point: Temporal validity (entry into force, termination, retroactivity)
Hierarchy of validity	Hierarchical relationship of laws	Fifth point: Hierarchy of validity (higher-level law > lower-level law)

3.4.1 Validity as to persons: four principles

Knowledge point	Application scenario	Operating steps	Judgment criteria	Common errors	Case example
Personalism	Chinese citizens engaging in legal acts abroad	5 steps: confirm nationality → confirm place of conduct → search Chinese law → search the law of the place of conduct → compare conflict rules	Article 7 of the Criminal Law	Mistakenly believes that "conduct abroad is not subject to Chinese law"	A Chinese citizen invests in and builds a highway abroad
Territoriality	A foreigner engages in legal acts within China	4 steps: confirm the place of conduct → confirm the extension of "territory" → search Chinese law → determine exceptions	Article 12 of the Civil Code	Overlooks "territorial extension" such as embassies and consulates, ships, etc.	A foreign construction unit builds a highway within China
Protective principle	Conduct abroad harms the interests of the Chinese state or its citizens	5 steps: confirm the conduct is abroad → confirm the harm → search jurisdiction provisions → determine the "minimum penalty" → search the law of the place of conduct	Article 8 of the Criminal Law	Overlooks the limitation of "minimum penalty of three years or more"	A foreigner builds a road abroad causing injury or death to Chinese citizens
Eclecticism	General foreign-related civil cases	5 steps: determine territoriality → determine personality → determine protection → search international treaties → search conflict rules	Generally adopted in our country	Applying only a single principle	Comprehensive determination of foreign-related contract disputes concerning highways

Operational flowchart：

案件涉及涉外因素？
    ├── 是 → 判断连接点类型
    │           ├── 行为/结果在中国领域内？→ 属地主义优先
    │           ├── 当事人一方为中国公民？→ 属人主义补充
    │           └── 损害中国国家或公民重大利益？→ 保护主义补充
    └── 否 → 直接适用属地主义

3.4.2 Spatial effect of law: specific application of levels and scope,

Knowledge points	Application scenarios	Operational steps	Judgment criteria	Common errors	Case examples
Levels of spatial effect	Determine the scope of search (national or local)	5 steps: confirm the place of the case → confirm the enacting body → search central legislation → search local legislation → determine conflicts	Article 81 of the Legislation Law	Citing local regulations across regions	Search Guangdong province provisions, not Shanghai municipality provisions
Extraterritorial effect	Cross-border investment, conduct abroad affecting the domestic territory	5 steps: confirm the conduct is abroad → confirm the impact on the domestic territory → search provisions on extraterritorial application → search international treaties → determine conditions	Article 6, paragraph 3 of the Criminal Law	Overlooks the "effects doctrine"	Pollution from road construction abroad affects China's domestic territory
Territorial extension	Cases on embassies and consulates, ships, aircraft	4 steps: confirm the location → confirm "territorial extension" → search legal provisions → determine jurisdiction	Article 6, paragraph 2 of the Criminal Law	Overlooks the rules on territorial extension	A construction project contracting dispute on a Chinese-flagged ship
Autonomous regulations, separate regulations	Cases in ethnic autonomous areas	5 steps: confirm it is in an autonomous area → search the regulations → confirm the adaptive provisions → confirm authority → confirm the approval document	Article 90 of the Legislation Law	Fails to verify whether the adaptations have been approved	Adaptation by an autonomous prefecture of compensation standards for highway construction
Regulations of special economic zones	Cases within special economic zones	5 steps: Confirm within the special zone → Search special zone regulations → Confirm authorization → Confirm adaptation → Adjudicate when necessary	Article 95, Paragraph 2 of the Legislation Law	Authorization decision not verified	Shenzhen Special Economic Zone Expressway Management Adaptation Provisions

Hierarchical search flowchart：

确定案件发生地
    ↓
第一层：检索中央立法（全国有效）
    ├── 宪法→法律→行政法规→部门规章
    ↓
第二层：检索地方立法（本行政区域有效）
    ├── 省级地方性法规→设区的市地方性法规→省级政府规章→设区的市政府规章
    ↓
第三层：检索特殊区域立法（可变通）
    ├── 自治条例、单行条例→经济特区法规
    ↓
第四层：判断冲突与适用

3.4.3 Temporal effect of law: entry into force, termination, retroactivity

Knowledge point	Application scenario	Operation steps	Judgment criteria	Common errors	Case example
Three forms of effective time	Determine whether the law has taken effect	4 steps: Search effective date → Determine form of entry into force → Establish timeline → Compare time of conduct	Article 57 of the Legislation Law	Confusing "date of promulgation" with "date of implementation"	The Civil Code took effect on January 1, 2021
Express repeal	Confirm whether the old law has been expressly repealed	4 steps: Search repeal provisions → Search repeal announcements → Check database annotations → Confirm the time range of repeal	Article 1260 of the Civil Code	Citing repealed laws	The Marriage Law and the Inheritance Law were expressly repealed
Implied repeal	Confirm whether the old law has been impliedly repealed	4 steps: Compare old and new laws → Determine conflicts → Confirm the application of the old law after the new law takes effect → Search judicial application	Article 92 of the Legislation Law	Ignoring implied repeal	The General Principles of Civil Law were impliedly repealed
Laws are not retroactive	Application of new law to past conduct	5 steps: Confirm time of conduct → Confirm effective time of law → Determine temporal relationship → In principle apply the old law → Search special provisions	Article 93 of the Legislation Law	The new law applies to all past conduct	The Civil Code does not apply to conduct before 2021
Exception of favorable retroactivity	Criminal law follows the old law unless the new is lighter	4 steps: Compare impact of old and new laws → Determine whether favorable → Search judicial interpretations → Determine whether permitted	Article 12 of the Criminal Law	Incorrectly applied in the civil law field	Criminal law field: apply the new law when its punishment is lighter
Principle of procedural law following the new law	Procedural law changes during litigation	5 steps: Confirm procedural stage → Confirm procedural law change → Determine whether "ongoing" → Search applicable provisions → Determine application	Proviso to Article 93 of the Legislation Law	Confusing substantive and procedural matters	Second instance procedure applies the new Civil Procedure Law
Principle of substantive law following the old law	Applicable law for substantive rights and obligations	4 steps: Distinguish substantive and procedural → Confirm time of conduct → In principle apply the law at the time of conduct → Search retroactivity provisions	Article 93 of the Legislation Law	Confusing substantive and procedural matters	Determination of contract validity applies the old substantive law
Handling of cross-temporal conduct	Conduct continues across a legal change	4 steps: Confirm the start and end times → Confirm legal changes → Determine whether it is "continuous" → Generally apply the new law	General legal principles	Mechanical application of the old-law principle	Highway construction spanning 2020-2021, apply the new law

Operational flowchart for temporal effect：

建立案件时间轴
    ↓
确定法律行为发生时间 vs 法律生效时间
    ↓
对比判断
    ├── 行为发生在法律生效前 → 原则上适用旧法（不溯及既往）
    │                               ├── 刑法：检索"从旧兼从轻"
    │                               ├── 民法：一般不允许有利溯及
    │                               └── 程序法：适用新法（程序从新）
    └── 行为发生在法律生效后 → 适用新法
            ↓
判断法律是否已被废止（明示/默示）
            ↓
判断是否为跨时行为 → 一般适用新法（从新原则）

3.4.4 Hierarchy of effect and conflict resolution

Knowledge points	Application scenarios	Operating steps	Judgment criteria	Common errors	Case examples
Higher-level law prevails over lower-level law	Conflict between different ranks	5 steps: Determine the enacting body → Determine the level of effect → Compare the provisions → Determine the conflict → Give priority to the higher-level law	Articles 87-89 of the Legislation Law	Erroneously applying the lower-level law	A conflict between a 20-meter municipal rule and a 30-meter administrative regulation; apply the 30 meters
Special law prevails over general law	Conflict at the same rank	5 steps: Confirm the same organ → Compare the scope of application → Determine special versus general → Same matter → Special prevails	Article 92 of the Legislation Law	Erroneously determining "the same organ"	The Highway Safety Protection Regulations prevail over the Highway Law
New law prevails over old law	Conflict at the same rank	4 steps: Confirm the same organ → Compare the effective dates → Determine new versus old → The new law prevails (only applies to conduct after the new law takes effect)	Article 92 of the Legislation Law	Applies to past conduct	The 2021 revised version of the Guangdong Provincial Highway Regulations prevails
New general law vs. old special law	Cross-conflict at the same rank	4 steps: Confirm the same organ → Determine the new general law and the old special law → If it cannot be determined → Request a ruling from the enacting organ	Article 94 of the Legislation Law	Choosing the applicable law without authorization	Laws are ruled on by the Standing Committee of the National People's Congress
Local regulations vs. departmental rules	Cross-conflict between different ranks	4 steps: Confirm the parties to the conflict → Submit to the State Council for an opinion → Apply the local regulations or request a ruling from the Standing Committee of the National People's Congress	Article 95, paragraph 1, item 2 of the Legislation Law	Directly applying departmental rules	Not involved in this case
Departmental rules vs. local government rules	Conflict at the same rank	3 steps: Confirm the parties to the conflict → Same effect → Ruled on by the State Council	Article 95, paragraph 1, item 3 of the Legislation Law	Choosing the applicable law without authorization	Not involved in this case
Adaptations in autonomous regulations and separate regulations	Cases in ethnic autonomous areas	6 steps: Confirm it is in an autonomous area → Search the regulations → Confirm the adaptation → Confirm the authority → Confirm approval → Apply with priority	Article 90 of the Legislation Law	Failure to verify the approval document	Adaptation of highway construction compensation standards in an autonomous prefecture
Adaptations in special economic zone regulations	Cases in special economic zones	5 steps: Confirm it is within the special zone → Search the special zone regulations → Confirm the authorization → Confirm the adaptation → Apply with priority in this special economic zone	Article 95, Item 2 of the Legislation Law	Authorization decision not verified	Shenzhen Special Economic Zone Expressway Management Regulations

Conflict Resolution Decision Flowchart：

发现法条冲突
    ↓
判断是否为同一机关制定
    ├── 是（同一位阶）→ 判断冲突类型
    │                       ├── 特别法 vs 一般法 → 适用特别法
    │                       ├── 新法 vs 旧法 → 适用新法（仅适用于新法生效后行为）
    │                       └── 新的一般法 vs 旧的特别法 → 提请制定机关裁决
    └── 否（不同位阶）→ 判断效力层级
                            ├── 下位法与上位法冲突 → 适用上位法
                            ├── 地方性法规 vs 部门规章 → 国务院提意见→裁决
                            ├── 部门规章 vs 地方政府规章 → 国务院裁决
                            ├── 自治条例/单行条例变通 → 在权限内优先适用
                            └── 经济特区法规变通 → 在本经济特区优先适用

General Principles for Resolving Legal Conflicts

Hierarchical relationship	Principle	Content
Different hierarchies	Higher-level law prevails over lower-level law	Constitution > Law > Administrative Regulations > Local Regulations > Rules
Same hierarchy	Special law prevails over general law	For the same matter, the special provision prevails
Same hierarchy	New law prevails over old law	For the same matter, the new provision prevails

Special Circumstances for Resolving Legal Conflicts

Conflict situation	Resolution rule	Adjudicating authority
New general law vs. old special law	Adjudicated by the enacting authority	Law: Standing Committee of the National People's Congress; Administrative Regulations: State Council
Local regulations vs. departmental rules	Three-step process (State Council provides opinion → apply local regulations / request adjudication by the Standing Committee of the National People's Congress)	State Council, Standing Committee of the National People's Congress
Departmental rules vs. local government rules	Adjudicated by the State Council	State Council
Autonomous regulations/separate regulations vs. higher-level laws	Adapted provisions prevail (within the scope of adaptation authority)	—
Special economic zone regulations vs. higher-level laws	Authorized legislation, adjudicated by the Standing Committee of the National People's Congress	Standing Committee of the National People's Congress

When the conflict cannot be resolved: With reference to the purpose of the norms and existing precedents, adopt dialectical reasoning (substantive reasoning) to resolve difficult issues caused by the complexity of legal provisions.

Circumstances for applying dialectical reasoning：

• Certain legal provisions clearly lag behind social development
• Contradictions exist between legal provisions at the same hierarchy
• Difficult issues arise due to the complexity of legal provisions
• The two legal propositions serving as the premises of legal reasoning contradict each other Special Circumstances for Resolving Conflicts：

Verification of Hierarchy-of-Effect Conflicts in the Expressway Case：

Conflict situation	Analysis	Conclusion
Highway Safety Protection Regulations (30 meters) vs. Guangdong Province Highway Regulations (200 meters)	Not a genuine conflict: 30 meters is a prohibitive baseline (building control zone), 200 meters is a planning high line (planning spacing); the applicable scenarios differ	Applied in parallel: 30 meters is the minimum standard, 200 meters is the advocated standard
Article 295 of the Civil Code vs. Article 83 of the General Principles of Civil Law	New law prevails over old law: the Civil Code has repealed the General Principles of Civil Law	Cases after 2021 apply the Civil Code

Validity Verification Table (Expressway Case)

Legal provision	Authenticity	Validity	Subject-matter effect	Temporal effect	Hierarchy of effect	Comprehensive judgment
Article 295 of the Civil Code	✓	✓ Currently effective	✓ Applies to real property adjacency relationships	✓ Applies after 2021	Law (second tier)	Can be cited
Article 83 of the General Principles of Civil Law	✓	✗ Repealed	—	Applies before 2021	Law (repealed)	Could be cited before 2021
Article 11 of the Highway Safety Protection Regulations	✓	✓ Currently effective	✓ Applies to highway building control zones	✓ Applies after 2011	Administrative regulation (third tier)	Can be cited
Article 5 of the Guangdong Provincial Highway Regulations	✓	✓ Currently effective	✓ Applies within Guangdong Province	✓ Applies after 2021	Local regulation (fourth tier)	Can be cited within Guangdong Province
Shanghai Municipal Highway Regulations	✓	✓ Currently effective	✗ Regional mismatch (Shanghai Municipality)	—	Local regulation	Cannot be cited
Meeting minutes of a certain municipal transportation bureau	✗	✗ Internal document	✗ Cannot serve as a basis for adjudication	—	Non-legal document	Cannot be cited

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Phase 4: Retrieval Execution Methods and Techniques

4.0 Data Sources and Tool Invocation Conventions (Mandatory)

Core principle: Every legal provision cited in this skill must come from real retrieval; it is strictly prohibited to generate provision numbers or content from memory.

Before executing the following retrieval methods, first determine whether the operating environment containslegal retrieval tools(such as a connected legal database MCP service, retrieval API, or local legal database):

1. If present: the designed search expression must be submitted to that tool, and its returned real results (law name, document number, level of validity, effective/repeal date, provision text, source link) must be used as the sole data source for subsequent subsumption, citation, and reporting. "Legal provisions" from memory must not be used to replace or supplement retrieval results.
2. If not present: complete the search expression design and methodological steps as usual, but wherever specific provisions are involved, always mark [待查], and state in the report that "no legal database is connected; the following search expressions need to be executed manually."Never fabricate provision numbers, content, or document numbers.
3. Tool-agnostic: This convention relies only on the abstract capability of "input search terms → return real legal provisions" and is not bound to any specific vendor. For specific connection methods (such as PKULaw MCP), see the README.md。

4.1 Systematic Retrieval Method (Top-Down)

Core idea: Provisions at the statutory level are usually highly general, while more detailed rules often appear in related judicial interpretations. When understanding the provisions of a certain judicial interpretation, reference may be made to the "Understanding and Application" of that judicial interpretation organized and drafted by the Supreme People's Court, or to the press release and Q&A at the time the judicial interpretation was issued by the Supreme People's Court or its relevant departments.

Operational steps：

1. Start from the legal system/statutory structure: First look at the principled provisions of the basic law (e.g., before checking the judicial interpretation of the Marriage Law, first look at the Marriage Law itself)
2. Utilize the automatic indexing feature: Professional databases automatically index, under each legal provision, other laws, judicial interpretations, judgment documents, etc. that cite that provision
3. From general law to special law: For real estate-related research, first look at the Property Law, then look at departmental laws such as the Land Administration Law

Legal sources that can serve as the basis for adjudication：

• NPC legislation, administrative regulations, judicial interpretations, local regulations
• Guiding cases of the Supreme People's Court and Supreme People's Procuratorate (quasi-legal sources)

Judicial interpretation identification techniques：

• Judicial interpretations after 1997 must carry a "Fa Shi" document number
• Judicial interpretations before 1997 are determined according to customary practice
• Key distinction: "Ta Zi Hao" replies are only replies to individual cases, not judicial interpretations; only approval documents with a "Fa Shi Zi Hao" are judicial interpretations
• Verification basis: the Gazette of the Supreme People's Court and the Compilation of Judicial Interpretations of the Supreme People's Court (1949-2013)

Reference for understanding provisions：

• NPC legislation: refer to the legislative interpretation books of the Legislative Affairs Commission of the NPC and the corresponding Supreme People's Court books on understanding and application of provisions
• Supreme People's Court judicial interpretations: refer to the corresponding Supreme People's Court books on understanding and application of judicial interpretations

General principles-specific provisions approach: adopt a retrieval path from general to specific

[Case Demonstration] Case of the distance between an expressway and a residential area Systematic retrieval process：

1. General law retrieval: from Article 83 of the General Principles of Civil Law (general provisions on neighboring relations) -> Article 91 of the Property Law (real estate safety)
2. Special law retrieval: Highway Law -> Highway Safety Protection Regulations (special administrative regulation)
3. Local provision retrieval: Guangdong Province Highway Regulations (special local provision: 200-meter spacing)
4. Technical standard retrieval: Technical Standards for Highway Engineering (industry standard)
5. Discovery of provision linkages: there is a discrepancy between Article 11 of the Highway Safety Protection Regulations and Article 5 of the Guangdong Province Highway Regulations (30 meters vs 200 meters), requiring conflict analysis

4.2 Keyword search method (precise location)

Three-step method：

1. Purpose reverse inference: infer keywords based on the search purpose
2. Keyword addition and removal(remove interfering information): process core keywords
3. Keyword association: after establishing core keywords, radiate related dimensions

Keyword discovery methods：

1. Starting from Chinese text: synonyms, near-synonyms, antonyms (e.g., "spouse" instead of "wife/husband/hubby/wifey")
2. Deduce according to legal principles: unauthorized disposal -> good-faith acquisition; unauthorized agency -> apparent agency
3. Discover from the wording of relevant legal provisions
4. Discover from the wording of judgments
5. Start from industry customary expressions
6. Extract overlapping characters and words: e.g., "contract invalid," "contract valid," "contract lapsed" -> extract "contract valid"
7. Search logic symbols: space (and), - (exclude), or (or)

Expansion techniques：

• Basic keywords (core elements)
• Expanded keywords (synonyms/hypernyms)
• Excluded keywords (reduce noise)

Adjustment of search scope：

• Narrow the scope: Lengthen keywords (agency→unauthorized agency), add more keywords (disposition→disposition*invalid), add more search fields (restrict the issuing authority to the Supreme Court)
• Broaden the scope: Use fewer words, use wildcards, add synonyms and connect them with OR

Principles for setting keywords：

1. Fuzzy first, then precise
2. Procedure first, then substance
3. Time first, then focus

Search formula construction：

• Search formula = search field + search term + operator + search term
• Classification search, subject search, author search, title search, number search

Logical operators (Boolean operators)：

• Logical AND (AND/*): narrows the scope and improves precision
• Logical OR (OR/+): broadens the scope and improves recall
• Logical NOT (NOT/-): excludes specific terms

Wildcards (truncation symbols)：

• * (asterisk): replaces one or more characters
• ? (question mark): replaces one character

[Case demonstration] Highway and residential area distance case Keyword search process：

• First round: "highway, meter" (too broad)
• Second round: "highway, construction" (still broad)
• Third round: "road, land acquisition/requisition/appropriation/demolition" (expanded synonyms)
• Optimization strategy: Identify related terms such as "building control zone," "safe distance," and "spacing"
• Regional relevance: Add "Guangdong Province" and "highway regulations" to limit local provisions

4.3 Case reverse-search method (reverse derivation)

Applicable scenarios: When unfamiliar with the field or unable to precisely locate legal provisions

Theoretical basis: The major premise of a case usually cycles back and forth between facts and law, between individual cases and similar cases, and between general situations and special situations. An individual case does not occur according to the designed circumstances of legal provisions. For the constitutive elements of legal provisions, it is necessary not only to understand, interpret, and internally confirm them, but also to "trim" the elements required for the inferential premise.

Operating procedure：

1. Use "case facts" keywords (subject, conduct, result) to search cases
2. Locate the structure of the judgment document:
   • "Upon trial, it was ascertained" (facts)
   • "This Court holds" (reasoning)
   • "In summary, according to" (legal provisions)
3. Reverse-derive the applicable legal provisions and distill the disputed issues and rules

Search cycle mechanism: When there is no more applicable normative situation, and due to objective reasons there is indeed a lack of relevant materials so that it cannot be resolved from the factual end, it is necessary to further search other materials (such as targeted cases and legal theory) to provide legal interpretation or fill gaps in the norm, while also taking precautions against risks.

[Case demonstration] Highway and residential area distance case Case reverse-search findings：

• Search similar neighbor relation disputes through the China Judgments Online
• Discover the basis of the claim in similar case judgments:
  • Cases ⑧⑩ cite Article 106 of the General Principles of Civil Law (tort liability for fault)
  • Case ⑨ cites Article 117 of the General Principles of Civil Law (compensation for property damage) + Article 85 of the Tort Liability Law
• Compensation calculation rule: based on the house value, discretionarily reduce the portion attributable to the plaintiff's fault or natural depreciation

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Phase Five: Retrieval Review and Quality Assessment System

5.1 Retrieval Quality Evaluation Indicators

5.1.1 Definition of Core Indicators

Indicator	Formula	Meaning in legal retrieval	Quality control target
Recall	Number of relevant documents retrieved / Total number of relevant documents in the document database × 100%	Are any important legal provisions or [documents] missed?	≥85% (no omission of key norms)
Precision	Number of relevant documents retrieved / Total number of documents retrieved × 100%	How accurate are the retrieved results? How much noise is there?	≥70% (most results can be used directly)

5.2 Retrieval Review Mechanism

First layer: Recall assurance—cross-validation (to prevent omissions)

Necessity: A single retrieval may produce biased conclusions, so multi-dimensional verification is needed to ensure recall

Verification 1: Comparison across different databases (core assurance of recall)

Operating procedure：

Step	Operation	Recall assessment	Handling if not up to standard
1	Use the same search formula to search separately in Peking University Law and China Judgments Online	Compare differences in the number of results	If the difference is >20%, analyze the reasons
2	Identify exclusive documents	Check whether key cases were missed	Supplement retrieval of missing databases
3	Cross-compare results	Calculate overlap rate	If overlap rate <50%, expand retrieval

[Case Demonstration] Highway and residential area distance case

Initial retrieval (Peking University Law)：

• Keywords: "highway neighboring relationship"
• Result: 15 cases
• Recall assessment: Found Article 11 of the Highway Safety Protection Regulations ✓

Cross-validation (China Judgments Online)：

• Same keywords
• Result: 22 cases (7 more)
• Difference analysis: Among the extra cases, 2 are key similar cases (regarding compensation standards for building control zones)
• Recall problem: The initial retrieval missed important similar cases, so recall was insufficient
• Remedial measures: Supplement retrieval of exclusive cases from China Judgments Online, and expand keywords to "building control zone"

Verification 2: Verification by different methods

Method combination：

Method combination	Role in recall	Verification standard
Systematic retrieval + keyword retrieval	Systematic retrieval completes the legal system, while keyword retrieval precisely locates	The overlap rate of results from the two methods should be >60%
Legal provision retrieval + reverse case checking	Legal provision retrieval ensures normative coverage, while reverse case checking discovers practical rules	Legal provisions discovered by reverse case checking should already be covered in systematic retrieval
Search for superior law + search for subordinate law	Superior law determines the framework, subordinate law supplements the details	The number of subordinate laws should conform to normal proportions (e.g., ≥3 local regulations)

[Case Demonstration] Highway and residential area distance case

Systematic search results：

• Article 83 of the General Principles of Civil Law (neighboring relations) and Article 91 of the Property Law (real property safety) were found
• Recall rate assessment: Complete coverage of civil legal norms ✓

Keyword search verification：

• Keywords: "highway distance compensation"
• Article 13 of the Highway Safety Protection Regulations (compensation provisions) was found
• Recall rate assessment: Complete coverage of administrative regulations ✓

Case reverse-check verification：

• Through similar cases, Article 5 of the Guangdong Province Highway Regulations (200-meter spacing) was found
• Recall rate assessment: Local provisions were previously omitted; recall rate insufficient ✗
• Remedial measures: Add regional qualifiers and search for similar provisions in other provinces

Verification 3: Timeliness review

Review content：

Check items	Significance of recall rate	Operational standards
Have the latest amendments been retrieved?	Avoid omitting new laws	Check for new regulations within the 3 months before the search date
Have repealed old laws been retrieved?	Understand the historical evolution	Old laws may contain key interpretations or transitional provisions
Have provisions about to take effect been retrieved?	Anticipate legal changes	Pay attention to regulations that have been "promulgated but not yet in force"

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Second layer: Precision rate optimization—subsumption testing (preventing misuse)

Core task: After the search report is formed, it needs to be "subsumed" into practical cases to test the precision rate of the search results (whether they apply precisely to this case).

Six elements of subsumption testing (item-by-item precision rate assessment)

Difference factors	Precision rate assessment questions	Impact on precision rate	Optimization measures
1. Differences in legal facts	Are the facts of the retrieved cases substantially similar to this case?	Large factual differences → precision rate ↓	Adjust keywords and add factual limitations
2. Differences in legal application	Do the retrieved legal provisions apply to the legal relationship in this case?	Incorrect application → precision rate ↓	Recharacterize the legal relationship
3. Level of legal hierarchy	Do the search results contain conflicts between superior law and subordinate law?	Conflict unresolved → precision rate ↓	Select the applicable rule according to conflict rules
4. Evolution of norms and adjudication	Do the retrieved cases reflect the latest judicial tendencies?	Outdated cases → precision rate ↓	Limit the search time to the recent 3-5 years
5. Regional differences	Do the retrieved provisions apply to the region of this case?	Regional mismatch → precision rate ↓	Add geographic limitation or exclusion
6. Quantity	Is the number of search results moderate? (Too many or too few both affect precision)	Imbalanced quantity → precision ↓	Adjust search scope

[Case Demonstration] Highway and residential area distance case

Subsumption testing process：

Test elements	Initial test results	Precision assessment	Problem discovery	After optimization
Legal facts	Retrieved "highway construction" cases	△	Mostly "land acquisition compensation", not "neighbor relations"	Add "neighbor relations" limitation, precision ↑
Legal application	Article 11 of the Regulations on Highway Safety Protection	✓	Application correct	Retain
Hierarchy of legal effect	Found conflict between 30 meters and 200 meters	✗	Conflict unresolved, precision ↓	Analyze differences in applicable scenarios, precision ↑
Evolution status	Retrieved 2010 cases	△	Some cases outdated	Limit to cases from the past 5 years, precision ↑
Regional differences	Regulations on Highways of Guangdong Province	✓	Regional match	Retain
Quantity	Initial retrieval 200 items	✗	Too many, difficult to filter	After optimization 15 items, precision ↑

Example of precision calculation after subsumption testing

【涵摄检验前后的查准率对比】

初检结果（200条）：
- 实际相关（可直接用于报告）：60条
- 实际不相关（需排除）：140条
- 初检查准率 = 60/200 = 30%（过低，需优化）

经过涵摄检验优化后（15条）：
- 实际相关（可直接用于报告）：12条
- 实际不相关（需排除）：3条
- 优化后查准率 = 12/15 = 80%（达标）

查准率提升策略：
- 排除已废止法条（《民法通则》相关条款）
- 排除不相关案由（普通交通事故）
- 排除地域不符规定（其他省份与广东差异过大）
- 排除过时案例（5年前的补偿标准已变化）

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Third layer: quality balance—second-round retrieval decision

Trigger conditions: When recall and precision cannot both meet standards, initiate second-round retrieval

Second-round retrieval decision matrix

Recall status	Precision status	Decision	Second-round retrieval focus
Insufficient (<85%)	Good (≥70%)	Expand retrieval	Guided by the purpose of "subsumption", supplement omitted norms
Good (≥85%)	Insufficient (<70%)	Narrow retrieval	Optimize keywords, exclude noise, improve precision
Insufficient (<85%)	Insufficient (<70%)	Re-retrieve	Comprehensively adjust strategy, check database selection
Good (≥85%)	Good (≥70%)	Proceed to report	Retrieval completed, form final report

Three principles of second-round retrieval

1. Remedy the shortcomings of the first retrieval

   • Insufficient recall: supplement databases, expand keywords, expand time range
   • Insufficient precision: add qualifiers, use logical NOT, filter by authority

2. Guided by the purpose of "subsumption"

   • All improvements in second-round retrieval must revolve around "whether it can be applied to this case"
   • Avoid retrieval for retrieval's sake, introducing a large number of norms that cannot be subsumed

3. Follow the general retrieval process

   • Secondary retrieval is not a simple repetition, but a complete "retrieval → cross-comparison → report" process
   • Record the differences between the two retrievals and explain the optimization process in the report

[Case Demonstration] Highway and residential area distance case — a complete secondary retrieval process

First retrieval assessment：

• Recall rate: 75% (omitted the 200-meter provision in Article 5 of the Guangdong Provincial Highway Regulations)
• Precision rate: 40% (a large number of traffic accident cases mixed in)
• Decision: Both recall rate and precision rate are insufficient, secondary retrieval is needed

Secondary retrieval optimization：

Optimization dimension	First retrieval	Second retrieval	Improvement effect
Database	Only used Peking University Law	Added China Judgments Online and local government official websites	Discovered local regulations, recall rate ↑
Keywords	"highway adjacent relationship"	"highway building control zone Guangdong Province"	Precise positioning, precision rate ↑
Time range	All time	Last 10 years	Reduced outdated cases, precision rate ↑
Geographic limitation	None	Added "Guangdong Province"	Matched the case location, precision rate ↑
Cause of action filtering	Not filtered	Limited to "adjacent relationship disputes"	Excluded traffic accidents, precision rate ↑

Second retrieval assessment：

• Recall rate: 95% (covered core norms and local provisions)
• Precision rate: 80% (most results can be used directly)
• Decision: Meets standards, proceed to the report writing stage

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5.4 Common Quality Problems and Countermeasures

Quality problem	Manifestation	Root cause analysis	Solution countermeasures
Insufficient recall rate	Missing key legal provisions/cases	Single database, overly narrow keywords, too small time range	Cross-use multiple databases, synonym expansion, expand time range
Insufficient precision rate	Difficult to filter, too much noise	Keywords too broad, cause of action/location not limited, old laws not excluded	Add limiting terms, logical NOT exclusion, authority filtering
Imbalance between recall and precision	If comprehensive then imprecise, if precise then incomplete	Retrieval strategy lacks iteration, no layered optimization	Use a "funnel model", comprehensive first then precise, gradually narrow down
Subsumption failure	Retrieval results cannot be applied to this case	No analysis of differentiating factors, mechanically applied	Strictly compare item by item according to the 6 elements, conduct secondary retrieval if necessary

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Sixth Stage: Presentation of Retrieval Results and Report Writing

6.1 Legal Analysis Structural Framework

Analysis sequence(No skipping steps, no merging):

1. Characterization of Legal Relationship
2. Deconstruction of Constitutive Elements
3. Element-by-Element Comparison
4. Allocation of Burden of Proof
5. Analysis of Defense Possibilities
6. Assessment of Conclusion Probability

6.1.1 Characterization of Legal Relationship

Content That Must Be Clarified：

Element	Description
Type of Legal Relationship	Labor relationship/contractual relationship/tort relationship/neighboring relationship, etc.
Qualification of Subject	Whether both parties possess the statutory qualification of subject
Content of Rights and Obligations	The rights enjoyed and obligations undertaken by each party respectively
Applicable Law	Which laws, administrative regulations, and judicial interpretations apply

6.1.2 Explanation of Professional Terms

[Mandatory Requirement] The report must include the "Explanation of Professional Terms" section:

Term	Legal Definition/Explanation	Legal Basis
De Facto Labor Relationship	Where an employer and a worker have not concluded a written labor contract, but the worker provides labor to the employer and accepts its management	Article 7 of the Labor Contract Law; Article 1 of the Notice on Matters Concerning the Establishment of Labor Relations, Lao She Bu Fa [2005] No. 12
Economic Compensation (N)	A one-time compensation paid by the employer according to the worker's years of service after lawfully terminating the labor contract with the worker	Article 47 of the Labor Contract Law
Compensation (2N)	Double economic compensation paid to the worker by the employer for unlawfully terminating or ending the labor contract	Article 87 of the Labor Contract Law
Triple Wages	Overtime pay on statutory holidays = wages for a normal working day × 3	Article 44 of the Labor Law
Pay in Lieu of Notice	The employer terminates the labor contract after giving 30 days' written notice in advance according to the worker's one month's wage standard or paying an additional one month's wage	Article 40 of the Labor Contract Law
Building Control Zone	An area within a certain range on both sides of a highway where the construction of buildings and ground structures is prohibited in order to ensure the safety of highway operations	Article 11 of the Regulations on Highway Safety Protection

6.2 Standards for Citing Legal Provisions

[Mandatory Requirement] Each legal basis must include the following elements:

Element	Description	Example
Document Name	The full name of the law or regulation	Labor Contract Law of the People's Republic of China
Document Number	Enacting authority and document number	Presidential Order No. 65
Effective Date	When it took effect/was amended	Effective as of January 1, 2008
Provision Number	Specific provision	Article 44, Article 45
Original Text Quotation	[Provision Topic] + original text of the legal provision	[Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years the worker has worked in the unit, with one month's wage paid for each full year……
Validity status	Valid/repealed/amended	Valid

Legal provision citation relationship annotation：

→ 引用关系：《劳动合同法》第87条 → 《劳动合同法》第47条（经济补偿计算标准）
→ 引用关系：劳社部发〔2005〕12号第1条 → 《劳动法》第16条
→ 引用关系：《公路安全保护条例》第11条 → 《公路法》（上位法授权）

6.3 Hierarchy annotation of legal norms

Hierarchy	Validity	Example
Law	Enacted by the National People's Congress and its Standing Committee, with the highest validity	Labor Law, Labor Contract Law, Civil Code
Administrative regulations	Enacted by the State Council, with validity lower than laws	Regulations for the Implementation of the Labor Contract Law, Highway Safety Protection Regulations
Judicial interpretations	Formulated by the Supreme People's Court and the Supreme People's Procuratorate, with legal effect	Fa Shi [2020] No. 17
Departmental rules	Formulated by ministries and commissions of the State Council	Interim Provisions on Payment of Wages
Local regulations	Formulated by provincial people's congresses	Shanghai Municipality Labor Contract Regulations, Guangdong Province Highway Regulations
Guiding cases	Published by the Supreme People's Court, with reference effect	Guiding Case No. 72
Typical cases	Published by the Supreme People's Court, for reference only	Typical cases of the Supreme People's Court

[Important distinction]

• Judicial interpretations: have legal effect, and courts at all levels must apply them
• Guiding cases: have reference effect (referential implementation), but are not the basis for adjudication
• Typical cases: for research reference only, and have no legal binding force

6.4 Limitation periods and deadlines review

If limitation period issues are involved, they need to be reviewed separately:

Matter	Time limit	Basis	Points for attention
Civil litigation limitation period	3 years (general)	Article 188 of the Civil Code	Calculated from the date when the rights holder knows or should know that the right has been harmed and who the obligor is
Special litigation limitation period	1 year/2 years/4 years, etc.	Articles 189-194 of the Civil Code	Contracts for carriage of goods by sea, international sales contracts, etc.
Exclusion period	According to specific provisions	Various separate laws	Its nature is a formative right; upon expiration, the right is extinguished
Administrative reconsideration period	60 days	Article 20 of the Administrative Reconsideration Law	Calculated from the date of knowing the specific administrative act
Administrative litigation period	6 months/15 days	Article 46 of the Administrative Litigation Law	15 days for dissatisfaction with the reconsideration decision; 6 months for direct filing
Labor arbitration limitation period	1 year	Article 27 of the Law on Labor Dispute Mediation and Arbitration	Not limited during the existence of the labor relationship

6.5 Control of the strength of conclusion expression

Conclusions must indicate the strength of the judgment:

• High probability of being established
• There is considerable dispute
• Insufficient evidence, cannot be determined

Prohibit the use of absolute expressions(such as "inevitably winning the case" or "definitely illegal").

6.6 Standard Structure of a Search Report

Search results for normative legal documents shall be arranged in the following order：

1. List the document name, effective date, and provisions relevant to the disputed issues in the case
2. List the valid and relevant legal provisions
3. Indicate the databases used and the keywords entered
4. When submitting the electronic version, hyperlink the names of laws and regulations

Essential Sections of the Report：

1. Statement of the Issue

• Clearly identify the issue addressed by this search
• Facilitate determining whether there are errors or deviations in the overall direction

2. Search Process

• Indicate the databases used
• Record the keywords entered
• Describe the search path

3. Listing of Norms (by hierarchy of legal effect)

• Laws
• Administrative regulations
• Local regulations
• Departmental rules
• Judicial interpretations
• Other normative documents

4. Search Analysis

• Remain neutral and objective
• Group by relevance and strength
• Highlight conflicting authorities and explain the reasons
• Elaborate separately from the three levels of legislation (whether there are provisions / reasons for gaps), law enforcement (administrative application), and judicature (adjudicative tendencies / regional differences / evolution over time)
• Charts may be used to display adjudicative tendencies

5. Search Conclusions

• Directly respond to the purpose of the search
• Clearly state the current legal situation
• Summarize the tendencies in judicial practice
• Point out the risk points in the application of law (positive consequences + negative consequences)
• Pay attention to seeking opposing views or arguments, and avoid accepting a single viewpoint
• Be wary of practical articles with brand promotion purposes, and absorb them critically

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Complete Search Report Template

Legal Search Report (Template)

Main Text

Search purpose: To ascertain the restrictive provisions on how far a highway should be kept from residential areas

Search tools: PKULaw, China Judgments Online

Search keywords: highway, meters; highway, construction; road, land acquisition/expropriation/requisition/demolition

Searched laws and regulations and other documents:

4-1 Invalid search (record path):

• Road Traffic Safety Law of the People's Republic of China (no specific distance provisions)
• Implementing Regulations of the Road Traffic Safety Law of the People's Republic of China (no specific distance provisions)
• Detailed Rules for the Implementation of the Measures for Completion (Handover) Acceptance of Highway Projects (no specific distance provisions)

4-2 Valid search:

4-2-1 Laws

Document name	Document number	Effective time	Article number	Original text quotation	Effectiveness status
General Principles of the Civil Law of the People's Republic of China	Presidential Order No. 37	January 1, 1987	Article 83	[Adjacent Relationships] Adjacent parties to real property shall, in the spirit of being conducive to production, convenient for life, united in mutual assistance, and fair and reasonable, correctly handle adjacent relationships in aspects such as interception of water, drainage, passage, ventilation, and lighting. If obstruction or loss is caused to an adjacent party, the infringement shall be stopped, the obstruction removed, and the loss compensated.	Repealed (replaced by the Civil Code)
General Principles of the Civil Law of the People's Republic of China	Presidential Order No. 37	January 1, 1987	Article 106, Paragraph 2	[Fault Liability] Citizens or legal persons who through fault infringe upon the property of the state or the collective, or infringe upon the property or person of another, shall bear civil liability.	Repealed
General Principles of the Civil Law of the People's Republic of China	Presidential Order No. 37	January 1, 1987	Article 117, Paragraph 2	[Compensation for Property Damage] Whoever damages another's property shall restore it to its original condition or compensate for it at a discounted value.	Repealed
Property Law of the People's Republic of China	Presidential Order No. 62	October 1, 2007	Article 91	[Safety of Real Property] A real property rights holder who excavates land, constructs buildings, lays pipelines, or installs equipment, etc., shall not endanger the safety of adjacent real property.	Repealed (replaced by Article 296 of the Civil Code)
Tort Liability Law of the People's Republic of China	Presidential Order No. 21	July 1, 2010	Article 85	[Liability for Falling or Shedding of Buildings] If a building, structure, or other facility, or articles placed or suspended on it, falls or sheds and causes harm to another, the owner, manager, or user who cannot prove that he or she is not at fault shall bear tort liability.	Repealed (replaced by Article 1253 of the Civil Code)

→ Reference relationship: Article 296 of the Civil Code → Article 91 of the former Property Law (succession relationship) → Reference relationship: Article 1253 of the Civil Code → Article 85 of the former Tort Liability Law (succession relationship)

4-2-2 Administrative Regulations

Document Name	Document Number	Effective Time	Clause Number	Original Text Quotation	Validity Status
Regulations on the Administration of Highway Safety Protection	Decree No. 593 of the State Council	July 1, 2011	Article 11	[Scope of Building Control Zones] Local people's governments at or above the county level shall, based on the principles of ensuring highway operation safety and conserving land, as well as the needs of highway development, organize departments such as transportation and land and resources to delineate the scope of highway building control zones. The standard for the distance of the scope of a highway building control zone measured outward from the outer edge of the highway land is: (1) no less than 20 meters for national roads; (2) no less than 15 meters for provincial roads; (3) no less than 10 meters for county roads; (4) no less than 5 meters for township roads. For expressways, the standard for the distance of the scope of the highway building control zone measured outward from the outer edge of the highway land is no less than 30 meters.	Effective
Regulations on the Administration of Highway Safety Protection	Decree No. 593 of the State Council	July 1, 2011	Article 13	[Construction restrictions within control zones] Within highway construction control zones, except for highway protection needs, it is prohibited to construct buildings and ground structures; those legally built before the designation of the highway construction control zone may not be expanded, and those that need to be demolished due to highway construction or to ensure the safety of highway operations shall be compensated in accordance with law.	Effective
Regulations on the Safety Protection of Highways	State Council Decree No. 593	July 1, 2011	Article 28	[Permit for construction activities involving highways] A construction unit applying to carry out construction activities involving highways shall submit the following materials to the highway management agency: (1) a design and construction plan that complies with the requirements of relevant technical standards and specifications; (2) a technical evaluation report ensuring the quality and safety of the highway and highway ancillary facilities; (3) an emergency plan for handling construction hazards and accidents.	Effective
Guangdong Province Highway Regulations	Announcement of the Standing Committee of the Guangdong Provincial People's Congress	2003	Article 5	[Planning coordination] The formulation and approval of highway plans shall be carried out in accordance with the Highway Law. Where a highway crosses an urban planning area, the route selection and positioning of the crossing section shall be coordinated with the local urban plan, and the opinion of the local people's government department in charge of planning shall be solicited.	Effective (amended)
Guangdong Province Highway Regulations	Announcement of the Standing Committee of the Guangdong Provincial People's Congress	2003	Article 9	[Land acquisition compensation] The use of land for highway construction shall be handled in accordance with the provisions of relevant laws and administrative regulations. The standards for land compensation fees, resettlement subsidies, compensation fees for attachments on the ground and young crops, and other expenses for highway construction land shall be implemented in accordance with the relevant provisions of the provincial people's government...	Effective

→ Conflict alert: Article 11 of the Regulations on the Safety Protection of Highways (30 meters for expressways) differs from Article 5 of the Guangdong Province Highway Regulations (200 meters for expressways); the former is a "construction control zone" (prohibiting new construction), while the latter is a "planning interval" (planning control).

4-2-3 Other normative documents

Document name	Issuing authority	Article number	Original text quotation	Validity status
Highway Engineering Technical Standards	Ministry of Transport	Article 3.0.1	[Route design requirements] Trunk highways should avoid passing through towns. Route design should occupy as little farmland as possible, demolish as few houses as possible, facilitate the masses, and not damage important historical relics.	Industry standard

Search analysis:

6-1 Legal analysis of the search

Regarding legal analysis, possibly due to legislative lag or legislative orientation,there is no law that specifically restricts how much distance should be maintained when building an expressway passing through a residential area. However, safety is mutual. From provisions such as the 30-meter control zone for expressways, safety technical evaluation reports, and environmental impact assessment reports, adjustments have been made to the safety of expressway construction. However, these provisionsare difficult to use as a basis for judges to determine that building an expressway at an excessive distance is illegal。

The reason why the court supported the plaintiff's claim, this lawyer speculates, is mainly because the judge's inner belief was that the demolition and resettlement compensation is a necessary cost in the process of highway construction, and secondarily because of the judge's emphasis on safety. The basis for the claim in such judgments is Article 106 of the General Principles of Civil Law, with cases ⑧⑩; case ⑨ cited Article 117 of the General Principles of Civil Law and Article 85 of the Tort Liability Law. Regarding the calculation of the compensation amount, the courts all used the house value as the base, and pointed out that the plaintiff had certain fault or reduced it on the grounds that the house value naturally depreciated.

6-2 Analysis of Normative Conflicts

Norm A	Norm B	Point of Conflict	Solution
Article 11 of the Highway Safety Protection Regulations (30 meters)	Article 5 of the Guangdong Province Highway Regulations (200 meters)	Difference in distance standards	Different applicable scenarios: 30 meters is the building control zone (new construction prohibited), 200 meters is the planning spacing (planning control)

Search conclusion:

There is no specific and clear restrictive provision in Chinese law on the distance between highway construction and adjacent residential areas.(Conclusion strength: high probability of being established)

Legal application risk warning：

• Positive consequences: tort damages may be claimed based on neighboring relations, and the court may support the compensation request
• Negative consequences: it is difficult to directly determine that the construction unit is "illegal," and it is impossible to claim cessation of construction or demolition

**8. Search time used:** xx hours

**9. Completion time:** January 4, 2016

Appendix - Search Quality

I. Measures to Ensure Recall

1. Cross-validation of databases: Used dual-database searches in PKULaw and China Judgments Online, with an overlap rate of 65%, and supplemented 3 exclusive cases
2. Cross-validation of methods: Systematic search covered 3 levels: laws, administrative regulations, and local regulations; keyword search underwent 3 rounds of expansion ("highway" → "building control zone" → "neighboring relations")
3. Timeliness review: The search time is as of April 2026, including the latest revised relevant provisions of the Civil Code

Self-assessment of recall: 95% (no omissions in key norms, including Article 11 of the Highway Safety Protection Regulations, Article 5 of the Guangdong Province Highway Regulations, and other core bases)

##Measures to Optimize Precision

1. Screening by authority ranking：
   • Retained: 1 guiding case, 2 Supreme People's Court gazette cases, 5 typical cases from higher people's courts
   • Excluded: 12 intermediate/basic court cases (for reference only), 8 cases related to repealed legal provisions
2. Subsumption test: Compared item by item according to 6 difference factors, excluding 23 inapplicable norms
3. Regional matching: Limited to Guangdong Province and national provisions, excluding 15 local provisions of other provinces

Self-assessment of precision: 80% (among the final 15 norms, 12 can be directly used for legal analysis)

Iterative record of the search process

Round	Keywords	Number of results	Recall	Precision	Main problems	Optimization measures
First round	highway neighboring relations	200 results	75%	30%	Missing local regulations, too much noise	Add database, optimize keywords
Second round	Highway building control zone Guangdong Province	42 items	90%	65%	Still a small number of outdated cases	Limit the time range
Third round	Highway building control zone Guangdong Province last 10 years	15 items	95%	80%	Meets standard	Enter the reporting stage

Quality conclusion This search went through three rounds of iteration, and both recall and precision reached a good level. The search results can support the legal analysis report.