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

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  • Wei He

    (School of Law, Xi’an Jiaotong University, Xi’an 710048, China)

  • Wanqiang Li

    (School of Law, Xi’an Jiaotong University, Xi’an 710048, China)

  • Peidong Deng

    (School of Economics and Finance, Xi’an Jiaotong University, Xi’an 710048, China)

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.

Suggested Citation

  • Wei He & Wanqiang Li & Peidong Deng, 2022. "Legal Governance in the Smart Cities of China: Functions, Problems, and Solutions," Sustainability, MDPI, vol. 14(15), pages 1-24, August.
  • Handle: RePEc:gam:jsusta:v:14:y:2022:i:15:p:9738-:d:882742
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    1. Hámor-Vidó, Mária & Hámor, Tamás & Czirok, Lili, 2021. "Underground space, the legal governance of a critical resource in circular economy," Resources Policy, Elsevier, vol. 73(C).
    2. Sanyal, Romola & Ferreri, Mara, 2018. "Platform economies and urban planning: Airbnb and regulated deregulation in London," LSE Research Online Documents on Economics 87473, London School of Economics and Political Science, LSE Library.
    3. Xindong Wei & Ning Wang & Pingping Luo & Jie Yang & Jian Zhang & Kangli Lin, 2021. "Spatiotemporal Assessment of Land Marketization and Its Driving Forces for Sustainable Urban–Rural Development in Shaanxi Province in China," Sustainability, MDPI, vol. 13(14), pages 1-20, July.
    4. Margarita Angelidou, 2017. "The Role of Smart City Characteristics in the Plans of Fifteen Cities," Journal of Urban Technology, Taylor & Francis Journals, vol. 24(4), pages 3-28, October.
    5. Rosario Ferrara, 2015. "The Smart City and the Green Economy in Europe: A Critical Approach," Energies, MDPI, vol. 8(6), pages 1-11, May.
    6. Ahmed Hefnawy & Abdelaziz Bouras & Chantal Cherifi, 2018. "Relevance of lifecycle management to smart city development," International Journal of Product Development, Inderscience Enterprises Ltd, vol. 22(5), pages 351-376.
    7. Si Ying Tan & Araz Taeihagh, 2020. "Smart City Governance in Developing Countries: A Systematic Literature Review," Sustainability, MDPI, vol. 12(3), pages 1-29, January.
    8. Thierer, Adam & Koopman, Chris & Hagemann, Ryan, 2018. "Soft Law for Hard Problems: The Governance of Emerging Technologies in an Uncertain Future," Working Papers 07632, George Mason University, Mercatus Center.
    9. Palmyra Repette & Jamile Sabatini-Marques & Tan Yigitcanlar & Denilson Sell & Eduardo Costa, 2021. "The Evolution of City-as-a-Platform: Smart Urban Development Governance with Collective Knowledge-Based Platform Urbanism," Land, MDPI, vol. 10(1), pages 1-25, January.
    10. Chengming Li & Xiaoli Liu & Zhaoxin Dai & Zhanjie Zhao, 2019. "Smart City: A Shareable Framework and Its Applications in China," Sustainability, MDPI, vol. 11(16), pages 1-16, August.
    11. Haarstad, Håvard & Wathne, Marikken W., 2019. "Are smart city projects catalyzing urban energy sustainability?," Energy Policy, Elsevier, vol. 129(C), pages 918-925.
    12. André Luis Azevedo Guedes & Jeferson Carvalho Alvarenga & Maurício Dos Santos Sgarbi Goulart & Martius Vicente Rodriguez y Rodriguez & Carlos Alberto Pereira Soares, 2018. "Smart Cities: The Main Drivers for Increasing the Intelligence of Cities," Sustainability, MDPI, vol. 10(9), pages 1-19, August.
    13. Karim Hamza, 2016. "Smart City Implementation Framework for Developing Countries: The Case of Egypt," Public Administration and Information Technology, in: J. Ramon Gil-Garcia & Theresa A. Pardo & Taewoo Nam (ed.), Smarter as the New Urban Agenda, edition 1, pages 171-187, Springer.
    14. Allen J. Scott & Michael Storper, 2015. "The Nature of Cities: The Scope and Limits of Urban Theory," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 39(1), pages 1-15, January.
    15. Annalisa Cocchia, 2014. "Smart and Digital City: A Systematic Literature Review," Progress in IS, in: Renata Paola Dameri & Camille Rosenthal-Sabroux (ed.), Smart City, edition 127, pages 13-43, Springer.
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    1. Albérico Travassos Rosário & Joana Carmo Dias, 2023. "The New Digital Economy and Sustainability: Challenges and Opportunities," Sustainability, MDPI, vol. 15(14), pages 1-23, July.

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