Legal Governance in the Smart Cities of China: Functions, Problems, and Solutions

Abstract

The development approach to creating smart cities focused on data collection and processing relies on the construction of an efficient digital infrastructure and a safe trading environment under the protection of legal governance. Thus, studying the role and improvement of legal authority in the construction of smart cities is vital. This study first described the digital economy index of 31 provinces in China from 2014 to 2020, and analyzed the function of the legal governance in the development of local smart cities based on the promulgation and implementation of regulations on smart cities in the same period. The results indicate that perfect central legislation can provide a safe and stable environment for smart cities, and there is a positive correlation between the number of local norms and the development of digital economy. However, the limitation in legislation and its implementation causes legal gray areas, which hamper the development of smart cities. After conducting text analysis on multiple legal documents, we identified that the most critical issues are data security issue, data alienation issue, public data opening, and sharing issue. To this end, we examined the role that legal governance plays in the smart cities of New York and London in a case-comparison approach. Overall, we proposed future coping mechanisms for legal governance in smart city construction, such as promoting multi-subject participation in formulating legal norms, changing the model before legal regulation, and using local legal norms to determine the scope and quality of government data disclosure. This study further filled the gap in the study of China’s smart cities from the legal system of risk identification and control, which could help regulatory bodies, policymakers, and researchers to make better decisions to overcome the challenges for developing sustainable smart cities.