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Study On Legal Problems Of "Right Of Virtual Visit"

Posted on:2020-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y M KanFull Text:PDF
GTID:2416330599463224Subject:Law
Abstract/Summary:PDF Full Text Request
The publication and promotion of tallinn handbook 2.0 has aroused strong repercussions in the international community on the establishment of international law rules in cyberspace.The handbook plays a leading role in the legal regulation of the law of the sea cyberspace order."Right of virtual visit" as a Marine law enforcement and the important way of network space,by defining the connotation of "Right of virtual visit" definition and its existence is ought to be analysis,further analysis of the maritime law enforcement main body in the future may bring the practice of the problems in the process of implementing,and China's response to questions.This paper mainly discusses the legal problems brought by "Right of virtual visitt" from the following four parts.The first part mainly focuses on the source and definition of "Right of virtual visit".First of all,with the application of international law in cyberspace as the entry point,this paper expounds the source of the virtual exercise of the right of landing,and analyzes the connotation.Secondly,the extension of the subject and exercise of the "Right of virtual visit" is defined.The second part mainly analyzes the necessity of "Right of virtual visitt".The discussion is mainly carried out from three aspects.On the one hand,it is discussed from the "Right of virtual visitt" and the value of landing right law,on the other hand,it is discussed from the extension and embodiment of cyberspace sovereignty in ocean space,and on the other hand,it is discussed from the integration era of ocean freedom and network sovereignty in the era of artificial intelligence.The third part mainly focuses on the problems arising from the implementation of "Right of virtual visit" in legal regulation and law enforcement.In the aspect of legal regulation,this paper discusses the existence of "Right of virtual visit" with unclear international rules.In the aspect of law enforcement,this paper discusses the problems of "Right of virtual visitt" in the process of law enforcement in the future,such as the absence of the main elements of exercising,the unclear conditions of exercising and the unclear legal consequences.The fourth part answers the specific dilemma of virtual exercise of landing right mentioned above,and how China should actively respond to the future maritime law enforcement.It is divided into three levels to answer the question of "Right of virtual visit".First of all,combining with the relevant provisions on the virtual exercise of landing right in China's "network security law" and "tallinn manual 2.0",the content of Marine security network regulation in China is enriched.Secondly,the law of the sea convention should be combined to enrich the new connotation of China's maritime law landing right.Finally,it actively practices the realistic path selection of "Right of virtual visit",including constructing the maritime intelligent law enforcement system and improving the information and data supervision ability of maritime law enforcement subjects.
Keywords/Search Tags:The right of visit, cyberspace, Manual of tallinn, legal issues
PDF Full Text Request
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