| With the development and application of network information technology, mankind has entered the information age. On the one hand, the network already penetrated into human production, life and way of communication, change people the way of thinking and the spirit world, play an essential role; On the other hand,network form a threat to national security can not be ignored, since the network was appeared, network attack, organized cyber crime, cyber terrorism, security problems ensue. Until now, the impaction of the network expands the unceasingly, not only involves commercial secret dense and personal privacy, also involves a country’s political, economic, social, military and other security issues.2015, China proposed the concept of "Internet+", as an important weapon to achieve economic restructuring and industrial upgrading in China in the future. Due to the Internet will penetrate into various traditional industries, the network security problem became a highly important topic of attention from all walks of life. And in the various types of network security threatening lead to industrial facilities appear physical fault of network virus more easily bring irreversible even devastating consequences for the entire industry system, it needs more cautious defense treat.In January 9, 2015, a German steel mills had a network intrusion, eventually lead to the emergence of the factory system physical fault. The German Federal Office for information security announced that the network intrusion occurs because the international community is not paid enough attention to the " Stuxnet virus " against Iran’s at the beginning of 2008.So in order to prevent network intrusion which caused physical industrial facilities accidents to happen again, we need to use the most advanced network attacks of international law to analysis on " Stuxnet virus ", <Tallinn Manual > is the the most complete and systems international regulations, will play an important role in " Stuxnet virus ". Therefore, the network sovereignty is entitled to the " Stuxnet virus ",such as the victims whether have the sovereignty, the dispute of the attract nature, attrackers whether violate of the principle of proportionality in the attack will be solved. According to the provisions of the< Tallinn Manual >, Iran and Germany are victims of network intrusion, of course to enjoy the network sovereignty, jurisdiction and control over.In 2008 to 2010 " Stuxnet virus " attack in Iran, is the United States and Israel delay or stop Iran’s nuclear program to take to destroy the Iranian nuclear facilities for military action. The action in full compliance with the provisions of the < Tallinn Manual> of "use of force" standard, with a serious, urgent, non invasive, indirect, measurable, military, state intervention, legal characteristics hypothesis.the United States and Israel violate of the principle of proportionality in Tallinn manual requirements, in order to achieve the purpose of combat, the cyber attack beyond the expected purpose, deviate from the attack intention. At the same time, the responsibility of the state and the exercise of self advance associated with the "Stuxnet virus" use the < Tallinn Manual> to interpretate. Israel and the United States is indeed caused by government action of active network attack, of course, this behavior can be attributed to the state, Israel and the United States are required to bear the responsibility of the state. The< Tallinn Manual> is consistent with the< Tallinn Manual > of "network armed attack" condition, if Iran know cyber attacks that will happen before the attack, can advance to exercise the right of self-defense. But the application < Tallinn Manual> have pros and cons of filling, there are some shortage of place, which will produce problem in the treatment of similar cases. therefore, according to advantages and disadvantages of < Tallinn manual >, China need to actively respond to from the legislation, the operation of law, three aspects of international cooperation actively, realize the defense and confrontation against network attacks. In domestic legislation, Strengthen the network sovereignty, define the scope nature of cyber attacks, critical absorption in advance to exercise the right of self-defense. In the administration of justice, improve judicial personnel network technology, improve the network case investigation means, establish a network of law enforcement supervision mechanism. In the international with international agreement to regulate the state responsibility, through international agreements, determine the principle of proportionality,and strengthen of international security cooperation mechanism. |
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