Research On National Self-defense In Cyber Warfare

With the rapid development of information technology, the cyber warfare because of its unique advantages gets the concern of the international community.Cyber warfare refers to the state or government based on political and military interest demands initiated, funded intended to cause serious bodily injury, property damage or destruction of critical infrastructure cyber attacks and cyber defense action.Cyber warfare sovereign states have the right to self-defense, not only because of the national sovereignty in cyberspace, and national right to self-defense is a right inherent in national sovereignty is part of customary international, but also because the timing of the exercise is the network or the network whether the right of self-defense coping right of self-defense are indicating that the network is in line with the right to self-defense, the right to self-defense under international law national characteristics.Cyber warfare as a new way of war is random and continuity attack time, the source of the attack and the identity of the attacker difficult certainty, network tracing difficult, flexibility, range of attack, network attack characteristics asymmetry and limitations of the right to self-defense war are network of national right to self-defense theory theory of international background and differences in the development of today’s big bad environment caused by the exercise of the right of self-defense in the country there have been many reasons plight,The plight of the mainly procedural norms and self-defense of the right to exercise the right of self-defense entities exercising normative aspects. On the substantive rules, the traditional theory of State responsibility, the definition of an armed attack, the necessity of self-defense and the principle of proportionality difficulties have emerged. Judgment on the legality of procedural norms, the exercise of the right to self-defense exercise of the right of self-defense objects and also appeared in trouble.In order to cope with difficulties that appear in the network war exercise in national right to self-defense, the international community, including the UN, the EU, the United States, NATO, respectively, to explore solutions from rule-making level and at the level of military technology, in practice, the US-led Western countries have made advance strategy of self-defense, we need to develop rules on the one hand, against the advance of the self-defense strategy, on the other hand to improve the traceability of network, represented by a network attack and defense capabilities in military technology.The emergence of cyber war has become an irreversible trend, the challenge to the state the right to self-defense, cyber warfare brings, China should insist on the use of force and threat of force principle, adhere to within the framework of the United Nations, the right to self-defense war regulatory network, continue to strengthen international based on exchanges and cooperation, internal modification "national Defense Law" and defense policy, protection of national interests to achieve. Networking space defense system for network defense system to provide better protection. Active participation in international legislation External cyber war, within the UN framework, to develop specific rules in cyber war exercise of the right of self-defense.