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The International Regulation In Cyberspace

Posted on:2019-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:S TangFull Text:PDF
GTID:2416330542497884Subject:legal
Abstract/Summary:PDF Full Text Request
Since the 1990s,The information technology revolution,represented by the Internet,and the wave of globalization driven by it are pushing human history to a new stage-the information age.The inevitable link between human activities and geographical location no longer exists.People are active in the network world and form various types of network social relations.The international and global nature of the network society leads to a variety of legal relations arising from the network and people's online behavior,which are beyond the scope of domestic legal relations.At the same time,because of the fictitious and unbounded nature of cyberspace,the international legal problems in the cyberspace are different from the traditional international legal problems,and the traditional concepts of international law are introduced.This paper will study the international law regulation of cyberspace from four aspects.The first chapter "Overview of cyberspace" introduces the basic concepts and characteristics of cyberspace,analyzes the legal attributes of cyberspace,and then analyzes the necessity of legal regulation of cyberspace,and clarifies the content of international legal regulation of cyberspace.The second chapter,"the present situation of international regulation of cyberspace",analyzes the current situation of international regulation of cyberspace from the perspective of the international law regulation of cyberspace under the framework of the United Nations and the international law regulation of cyberspace by regional international organizations.It is concluded that the international community has reached a basic consensus on the application of existing international law to cyberspace,but there are still differences on how international humanitarian law applies to regulate cyberattacks,the connotation of cyber-sovereignty,and how to combat cybercrime.In addition,it summarizes and analyzes the current situation of regulation,and concludes that the regulation of cyberspace international law presents the characteristics of "camp" and "fragmentation".Chapter three:the main problems in the regulation of cyberspace international law.Aiming at the problems pointed out in the second chapter,this paper analyzes the connotation of network sovereignty,the application of international humanity in cyberspace,and the maintenance and extension of the traditional criminal jurisdiction principle under the network environment,starting with the three aspects of network sovereignty,network attack and network crime.Chapter four:the Development path of International Law in Cyberspace.In view of the characteristics of "camp" and"fragmentation" of the regulation of cyberspace international law in the second chapter,it is necessary to integrate and unify the future development direction of cyberspace international law legislation.The development path of international law from "soft law" to "hard law" based on the United Nations is put forward.In this development path,it is proposed that the sovereignty of cyberspace should be clarified,the rules of interpretation of international humanitarian law applicable to the regulation of cyber attacks should be clarified,and the concrete contents of the unified criminal jurisdiction principle should be formulated.
Keywords/Search Tags:cyberspace, national sovereignty, international humanitarian law, network crime
PDF Full Text Request
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