Research On National Self-Defense Right In Network Attack

Internet as a product of the information technology,people's lives come into a new era of information,Network bring much convenience to people,at the same time there are a variety of security issues,cyberspace security is related to national security issues.cyberspace security issues are different from the traditional security issues,the international communities are also more and more attention to cyberspace security issues.Network attack as a new means of attack,threatening the security of cyberspace,the international communities begin to focus on regulation with international law on cyber attacks.Network attacks are destructive behavior that using technical means to damage the information and the network itself.Recognition of the country in the cyberspace to enjoy the sovereign rights,cyberspace governance can not be exempted from national sovereignty.When cyber attacks constitute a force attack,the sovereign state may invoke the provisions of the Charter of the United Nations to exercise the right of self-defense,and should subject to the principle of necessity and proportionality in its exercise.The State should exercise its right of self-defense against acts that can be attributed to the State.As the means of network attack is advanced science and technology,in order to avoid the collateral loss caused by self-defense and according to the principle of restrictions,the exercise of the self-defense should also be limited to the use of cyberspace means,can not launch traditional force attack.At the same time the exercise of self-defense should meet the time limit and be against the use of network attacks to exercise pre-self-defense.Do not provide the reasonable excuse to the countries that want to launch cyber warfare.China should respond to network attacks and also improve the level of network technology,enhance the ability to respond,complete the domestic network security-related legislation;at the same time actively promote the governance of the cyberspace with international law,and enhance the right to speak in the international communities.