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Research On National Self-defence In Cyber-attacks

Posted on:2017-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y DuFull Text:PDF
GTID:2296330482498297Subject:legal
Abstract/Summary:PDF Full Text Request
With the continuous development of information technology and information degree unceasing enhancement, the network attack has become one of the main factors that threat to national security, especially for the national government or military attacks happen frequently, and triggered a series of new international law, national self-defense exercise problems in cyber attacks caused the extensive concern of the international community, this article intends to start from the characteristics of network attack, the existing international law under the framework of national self-defense theory can have conditions applicable to cyber attacks. This thesis mainly includes the following content:First chapter "cyber attacks related to the concept of community" introduced the network attack generation and development background, combined with the recent cyber attacks and the existing theory summed up the characteristics of the "cyber attack". In addition, the paper distinguishes the network crime, difference between network attack and war, the cyber attacks will be discussed in this paper defined in behavior between countries.The second chapter "the application in national self-defense in cyber attacks", through to the charter of the United Nations in article 2 (4) the word "use of force" and "force attack" in article 51 of the interpretation of the word, combined with the characteristics of network attack to explore whether the specific network attack behavior constitutes "the use of force" and "force", which can determine the cause of national self-defense.The third chapter "the limitation cyber attacks in the exercise of the right to self-defence", mainly through to exercise the right of self-defense against the object, the exercise time, exercise self-defense must adhere to the limitation and principle and reporting obligations of countries exercise and other aspects to elaborate national self-defense rules how to apply in cyber attacks.The fourth chapter "the practice of the international community to respond to cyber attacks and the enlightenment to China", this part mainly summarizes the measures and the international community to respond to cyber attacks in recent years on the exercise of self-defense in network space exploration practice, on the basis of this puts forward China’s response to cyber attacks in self-defense to exercise the plight of legal countermeasures, including actively participate in relevant international legislation for cyber attacks, drawn up under the UN framework network attack self-defense in the exercise of specific rules, create a conducive to its own network information safety of the construction of the international legal environment.
Keywords/Search Tags:Cyber-attack, Force Attack, National Self-defence
PDF Full Text Request
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