Font Size: a A A

Research On The International Law Of Cyber Security

Posted on:2018-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:C L ChengFull Text:PDF
GTID:2346330515988039Subject:Law
Abstract/Summary:PDF Full Text Request
Because of the development and popularization of the Internet,the antenna of the network has long been deep into the national,social,personal,political,economic,cultural and other aspects,so the Internet security problem is no longer a single issue,but a legal issue.Because it can cross borders,so the cyber security is also a question worthy of discussion at the level of international law,and today's cyber security has been the existence of international dilemma,this paper mainly on the network security to discuss the level of international law,as well as the dilemma to give suggestions,Network security legal system to make an analysis.The first part of this article is an overview of network security issues.Mainly defines the concept of network security.As well as the evolution of network security from the technical level to the legal issues of the evolution of the network due to cross-border,network security has experienced from the domestic legal issues to the evolution of international legal issues were outlined.At this stage,network security is facing the threat of personal information disclosure,cybercrime and cyber terrorism.At the international level,the main reason for the network security is that the international law system of network security is not yet formed,and the cyberspace is in a state of disorder.The second part of this article is an analysis of international law on cybersecurity.The Cybercrime Convention is a masterpiece of cybercrime and the maintenance of cybercrime.The model of cybercrime stipulates that the model of cybercrime has a guiding role in the domestic legislation of each State party.The international cooperation model advocated also helps to combat cybercrime and maintain cybersecurity.But there are still many shortcomings,such as the issue of jurisdiction has not made clear provisions.The United Nations document on cybersecurity can be viewed as a "soft law" for cybersecurity,although it does not have legal force,but it can not be ignored for maintaining cybersecurity.The International Code of Conduct for Information Security and the Report of the Secretary-General on the Development of Information and Telecommunications from the Perspective of International Security,as an official document of the United Nations General Assembly,reflect the concerns of countries in the field of telecommunications and cyberspace,with a series of guidelines Although the country is voluntary compliance,but for the future of international security legislation has a guiding role,at this stage can still play a "soft law" role.The third part of this article is an analysis of the international dilemma of cybersecurity.This paper analyzes the two major dilemmas of the current network security,namely,the plight of the treaty and the dilemma of the jurisdiction,and the reasons for the analysis of the two predicaments.The fourth part of this article is the international dilemma of cybersecurity.Focusing on two aspects of the response,in the treaty response to focus on the role of international organizations and through international meetings to solve the plight of the treaty.The establishment of jurisdiction in relation to the relevance of jurisdictional dilemmas,and the second by providing advice on the jurisdiction of the Cybercrime Convention.The fifth part is the analysis of China's network security legal system.China's network security legislation has always attached great importance to the development of the Internet in China for more than 20 years,resulting in a number of relevant laws,regulations,regulations and other normative documents.However,there are still many problems in the legal system of cybersecurity in China.There is a lack of concern about civil rights in the concept of legislation,low participation of citizens,and inadequate protection of citizens' rights.Many excellent legal experiences outside China deserve our reference.We should pay attention to the protection of citizens' privacy in protecting the rights of citizens.We should play a role in both government and society in terms of supervision and set up special departments to protect key infrastructure as well as focus on strengthening international exchanges and cooperation.
Keywords/Search Tags:Cybersecurity, international law, cybercrime conventions, Internet Security International Dilemma
PDF Full Text Request
Related items