| All the words of this dissertation are made to explain an idea that the law of war should burst the original power from the beginning again when facing up to the advanced evolution of human being. The reason here the author discusses this traditional part of internationl law is that not only the "warfare and peace" still consist of basic status of international relations between countries, but we must secure our living environment especially the advanced system civilization,i.e., constitutional society, from being broken by extremely going for making and enjoying the material civilization.With the popularization of computers tech, it is sure that such technology revolution will influence all the aspects of human life. Here discussion about the law of war in cyber space just bases on the invention of computers and internet which are the symbols of the advanced social status. Except that such foundation stands for a double-blade sword of which could benefit the future of human being or to be the instrument of aggression by state, it also helps to expand the contents of human life. Therefore the law should go along with such revolutionary changes in human life. As much as what the well-known Chinese jurisconsult named Zhou Gengsheng had said: Why the law exists is study of the socialbility of human being. So facing to the new contents of human life the law of war is in great need of corresponding adjustments procession in which the traditional law of war will overcome the shortcoming itself and explore into a new field to embody the directing and predicting functions of the law completely.The amount of the words of this dissertation adds up to more than thirty thousand. This dissertation is made by three chapters. In the first chapter the author talks about the background of the present and future war, i.e., the digitallized space, and clearly puts forward the thoughts about "two worlds" today those are the original world(the real world without any copy) and the virtual world(the world extension in virtue of computers civilization). Futhermore the author makes a small but complete discussion about the definition of the digitallized space of which nature is the advanced form of the virtual world to help to explain the reasoning sequently. And the author simulates the war in cyber space in section three. Finally the author specifies that the war in cyber space is at the beginning status by enumerating the cases of high-tech war happenned in some parts of the world after cold war.With the preparation of chapter one, in chapter two the author takes on testifying the focus issue that most importantly, the adjustments of the law of war in cyber space should accord to the "digitallized legal philosophy", which says the division between the traditonal discussion about "natural logos" and "unnatural logos" inclines to be illegible upon the trend of contemporary technology developing that results in a unified digitallized civilized world. Then the author explains that the law of war will stride into a big new era governing by such legal philosophy, and the law of war in cyber space matches the demands of such era. Simultaneously the author doesn't forget talking over reforming the fragile safeguard and performance by using the new law of war in cyber space, and discussing the present status of international society in respect of this field by using the methods of both historical and comparative analysis.Chapter three takes on the last mission of this dissertation not decorating but standing out the last important issue expressing purpose of the whole words, namely that summarizes the traditional law of war principles so as to expound the developing of them by the law of war in cyber space in present and future societies. This is also called the revolutionary meaning of study on the law of war in cyber space. To fulfill such research depends on the great working of people(jurisconsults on the law of war) and states. No matter how hard the work is the author just hopes to use... |
PDF Full Text Request