Research On The Use Of National Self-defense In Cyberspace

Since the birth of the world’s first computer to the tens of thousands various types of network equipment every year now appear on the market, the speed of information technology upgrading is accelerating, all areas of society associated with the gradual integration into the modern network system, which broke the old people’s traditional knowledge of geographical boundaries objectively. Thus, it’s followed by a variety of new mode of life, social norms, and network awareness, and bring people a different perception of the world. Because of the new life style, however, the national security,especially the cyberspace security is facing a great challenge from information technology and has the huge impact with network threats, a series of network attacks all in the day’s work, the state had to pay more attention to the cyberspace security.The first question of the cyberspace security is how to deal with cyber attacks which involves the country in cyberspace enjoys the right of self-defense or not. At present,the international law field has not yet formed a unified understanding on this issue,and includes affirmative theory and negative theory. The majority of scholars held the positive attitude who think the scale and effect of a cyber attack caused is more than the minimum scale and effect of traditional armed attack, the cyber attack may constitute an armed attack, thereby triggering the exercise of the right of self-defense.On this basis, the specific conditions of the country exercise the right to self-defense in cyberspace include substantial conditions, such as defining cyberspace armed attack, the national right of self-defense in cyberspace exercised on objects and the necessary principle and proportion principle; procedural conditions, such as the time to exercise the right of self-defense in cyberspace and obligation to report to the Council; and specific methods or means of warfare. Through studying these problems,state enjoys the right of self-defense in cyberspace, but the right should also be restricted. The international community should work together to promote the formation of cyberspace security management mechanism, and upgrade the standard of cyber attacks, so to reduce the country’s hope to the legitimate use of force.