Study On The International Legal Mechanism Of Cyber Security

Cyberspace constantly affects people's behavior and thinking mode by its inherent characteristics of openness,interaction and autonomy.However,with upgrading of network technology,activities threaten to cyber security including cyber crime,cyber terrorism and cyber warfare,is becoming more and more serious and also shows an increasing trend.For example,Snowden event in 2013,Georgian war,or Islamic State(shortly named as "IS")spreading terrorist information in cyberspace by using network technology caused serious consequences,which make us profoundly realized that network security is not only related to national security but also it is a must to start international cooperation between different communities to establish an international legal mechanism to ensure cyber security.Based on current situation of internet security and reality of international joint governance about cyberspace,this thesis studied on legal mechanism of cyber security,combined with legal documents or expert writings referring to protection of cyber security,and contributed to establishment of international legal mechanism for improving cyber security.Besides introduction and conclusion,this thesis consists of four parts:Firstly,this thesis introduced concept and development of cyber security and its threat factors,and found that network attacks is with wide scopes,distinguishing features of high technology,strong concealment and terrible destructive result which has bad impacts on international and domestic benefits,so as to highlight the necessity of ensuring cyber security.Secondly,this thesis studied on representative international conventions and other documents,including Cyber-crime Convention,Tallinn Manual and International Code of conduct for Information Security,and analyzed on the limitations,such as conflicts of jurisdiction and deficiency in scopes of main bodies,providing foundations to improve international legal mechanism of cyber security.Later,based on the above foundations,this thesis improved the international legal system on the protection of cyber security from two aspects: principles and contents.The principles not only combines cyber sovereignty principle with principle of cyber cooperated governance and resource sharing,but also offer suggestions about how to coordinate relationships between theses two principles.The contents should improve criminal jurisdiction regulations referring to fights against cyber attacks,and confirm the relevant standards in three aspects: guidelines for use of network information,network safety and execution mechanism.Finally,China should make legal measures to establish a legal safeguard mechanism of international cyber security,which not only need to improve relevant domestic law,but also need to actively participate in international cooperation and communication,so as to enhance its rights of speech,promoting processes of international cyberspace governance to build a community of destiny in cyberspace.