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Research On International Law Of Computer Network Attack

Posted on:2019-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:M F ZhangFull Text:PDF
GTID:2346330542454453Subject:International Law
Abstract/Summary:PDF Full Text Request
With the development of information technology,the international community has gradually optimized the utilization rate of network space and the dependence has been improved accordingly.Computer network attack,as a new attack method that appears later,increases the possibility and degree of the violation of cyberspace.In the process of continuous development of the international community,the law as a product of the characteristics of the practice activities in specific times is also certain to be forward-looking.But as a result of the survival of human experience and cognitive level is limited,it is impossible to forecast to the future development of whole situation,and the content of the law of some specific specifications must be relatively lag or need to be known again,with the continuous development of social practice.Computer network attack is not the same as the traditional means of attack,and it needs people to study in the future.The current international law has legal blank in regulation of computer network attack,and the related international practice is limited.Through individual cases or temporary phenomenon cannot accurately determine its intrinsic characteristics and development,not simply to the international law fully to cyberspace,and therefore it is impossible to simply apply international law to cyberspace.At the same time,the damage caused by computer attacks cannot be minimized,and the attacked country is likely to cause a complete breakdown of infrastructure.If the right of the attacked state is not specified,it will not be lawful to safeguard its national security in such circumstances,which also violates the original intention of the Charter of the United Nations and also affects the stability of the international order.Therefore,the international community must effectively regulate computer network attacks and strengthen international exchanges and cooperation,which will have far-reaching implications for the future international order.But because of the differences among countries,including the core interests,value demanding,policy orientation and level of development,there has been no good agreement on computer network attack at the international level,which has caused many problems in international law.At present,the western developed countries,led by the United States,have absolute advantages in cyberspace.They have studied computer network attack behavior earlier,and have many deeper researches.They have put forward a number of unique insights that have attracted wide attention of the international community.They emphasize "Internet freedom" and "human rights".It is widely believed that under certain conditions,computer network attacks can be taken into the category of "armed conflict",which reflects obvious political intention.In contrast,China has a relatively weak position in cyberspace,and it also lacks the research and discussion on computer network attacks by relevant experts.But China is also increasingly concerned about it.It emphasizes the application of the "national sovereignty" in cyberspace,and always upholds the "ban on the use of force","peaceful settlement of disputes" stand firms in response to a computer network attack,against western hegemony.This paper discusses the problems caused by computer network attack from the aspects of international law,through studying relevant research results at home and abroad carefully,using the method of comparative analysis,cases analysis,and combined with the new international situation,representative events and legal documents.This paper starts from the basic situation of computer network attack,and then analyzes the existing problems and causes of computer network attack.It finally puts forward the perfect suggestion from two aspects: international and domestic.This paper mainly includes the following six parts:The first part presents the main background and research meaning of the computer network attack,analyzes the domestic and foreign research status quo and compares them,explains the main research methods and innovative points as well.The second part introduces and evaluates the different definitions of computer network attack,analyzes the special features of computer network attack compared with traditional military means,studies the development of computer network attack,and summarizes the reasons for the increasing frequency of it according to the advantages itself.The third part expounds the necessity of the current international law rules applying to computer network attack,puts forward the difference of the international community on the legal interpretation,and analyzes the internal causes.The fourth part proposes the perfect suggestion to regulate the computer network attack from the international legislative level from two aspects.The first is the soft law.This paper analyzes the soft law norms' advantages in solving the problem of computer network attacks,the way soft law made,and illustrates the representative international practice.The second is the hard law.The paper analyzes the feasibility of the hard law and elaborates the formulation of the new rules of international law.At last,the paper expounds the important role of the combination of soft and hard law to regulate computer network attack.The fifth part analyzes the basic position of China's response to computer network attack currently and the cause of this kind of position,and elaborates the plight of China's response to computer network attack at present from inside and outside.The sixth part expounds the specific suggestions on how to better deal with computer network attack,strengthen the voice of cyberspace,and promote the development of international law.
Keywords/Search Tags:international law, international rule, cyberspace, computer network attack
PDF Full Text Request
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