Research On The Exercise Of National Self-defense Rights In Cyber Attacks

In recent years,with the continuous development of information technology and the ever-increasing degree of informationization,cyber attacks have gradually become one of the major threats to national security.In particular,the cyber attacks on the national army or government departments frequently occur and triggered a series of new problems in international law.The issue of the exercise of national self-defense in cyber attacks has aroused widespread concern in the international community.Cyber attacks represent new kinds of weapons in the present era that have the potential to change the battlefields.The different nature of these types of weapons and their ability to create massive and widespread damage to critical infrastructure of a state,subject the traditional means of resort to force to change and is indicative of the importance that the international community must come to some consensus on the meaning of cyber warfare with in the existing jus ad bellum paradigm and legislate its governing rules,On the other hand,the inherent rights of victim states in self-defense must be supported and by detailed explanations of the governing rules for the method of attribution of responsibility to governments committing cyber-attacks,actions must be taken to prevent escape of these governments from the consequences of their illegal actions.The study of this issue can understand the western modern jurisprudence's point of view on the "cyber war",and at the same time it also has significance for China's national defense construction,construction of network security defense against cyber attacks.This thesis mainly includes the following contents:Chapter one "Introduction" introduces the background and significance of this topic,the research status and research theories and methods at home and abroad.Through the study of the exercise of the right of self-defense in cyberspace can provode us with a better understanding of the scholars' researches home and abroad and its interests orientation,besides that,it also can help us with certain reference in the study of cyber attack.Chapter two,"the Necessity of the Exercise of the Right of Self-defense in Cyber Attack",mainly introduces the concept and characteristics of cyber attack,thechallenge of cyber attack to the sovereignty of the state and the necessity of exercising the right of self-defense against cyber attacks.It is difficult to identify the identity of the originator of the attack in the cyber attack,which leads to a great challenge for the exercise of the state's right to self-defense.Whether the cyber sovereignty exists in cyber space is still disputable among the international community,and the analysis of the concept of "cyber sovereignty" is helpful to understand the difference of the governance between China and the West.Chapter three," the Legal Basis of the Exercise of the Right of Self-defence in Cyber Attacks ",mainly analyzes the legal basis of the exercise of self-defense right from the three angles of maintaining the independence of national sovereignty,national security and the peace and security of the international society.Chapter four,“the Exercise of the Right of Self-defence in Cyber Attacks”.The precondition for the exercise of the national self-defense right is mainly through the analysis of the "Prohibition of the Use of Force" principle in Article 2(4)of the UN Charter and the "Armed Attack" in Article 51,that is,the cyber attack constitutes "the use of force" and reaches the level of "armed attack" so as to trigger the State to exercise its right of self-defense.In addition,the distinction between non-State actors and non-State actors is attributed to the State in order to clarify State responsibility.As a basic right of the state,the exercise of right of self-defense should be limited.A country should fulfill its duty of reporting to the Security Council before exercising its right of self-defense.At the same time,it should insist on the principle of proportionality and necessity,so that the exercise of self-defense is in conformity with the norms of international law.Chapter five,“the Legislations and Practices of International Communities on Dealing with Cyber Attack”.It mainly focuses on how to cope with the problem of increasingly prominent cyber security from EU and NATO,it also maintains the U.S.strategy on the exercise of the right of self-defense strategy in cyber warfare so as to provide reference for China's network security and national security.Chapter six,"China's Countermeasures to Deal with Cyber Attacks",mainly proposes strategies to deal with cyber attacks from the international level and the domestic level.Advocating to promote the establishment of cyber space rules,through the formulation of international treaties to regulate the use of cyber attacks.By strengthening the international cooperation strategy of cyberspace,this thesisexpounds our country's position,and strengthens the domestic legislation to protect the order of network space so as to create an international legal environment conducive to the construction of China's network information security.