Jurisprudential Basis And Construction Of Cyberspace Sovereignty

Since the 21 st century,the rise of cyberspace has greatly changed people’s lives.However,the following negative effects make the governance of cyberspace a global problem difficult to solve.Until now,the international legal road of cyberspace is still difficult.In the case of prominent problems but insufficient legal norms,it is an important direction of international law governance in cyberspace to find the legal basis of cyberspace sovereignty and construct rights.Through the study of the definition of cyberspace,we can find that there are two attributes of cyberspace: technical and social,which are divided into three layers: basic layer,logical layer and social layer.The complexity of its nature and structure makes the legal regulation of cyberspace more complex.As for the legal attribute of cyberspace,from a global perspective,it is a process from "de sovereignty" to "re sovereignty".However,with the theory of cyberspace autonomy and the theory of global commons difficult to apply in reality and theory,the theory of cyberspace sovereignty has gradually stepped onto the historical stage.This theory defines cyberspace as a part of territory,which is an important means for a country to safeguard its national rights.At present,it has been recognized by many national legislations and international conferences.The principle of cyberspace sovereignty includes two basic principles: the opposite of rights and obligations and state fault.However,due to the fact that some countries still object to it and have no written international laws and regulations,it is necessary to prove the legitimacy of cyberspace sovereignty at the legal level.In the legitimacy of cyberspace sovereignty,firstly,the necessity of cyberspace sovereignty is emphasized,which is mainly based on the reality.As a right,the legal interest protected by sovereignty is the national interest of a country,and the core lies in national security.The emergence of cyberspace has posed a great threat to the traditional and non-traditional security of a country has become an important aspect that can harm the national interests.In addition,the destruction of cyberspace to national independence,national equality and the need for national jurisdiction prove the necessity of cyberspace sovereignty.Secondly,cyberspace sovereignty needs the spirit of natural law of international law.Although most of the laws and regulations of international law consist of international treaties and practices,they still need the spirit of justice and equality of natural law.Exploring the connotation of the natural law of sovereignty,we can know that the ultimate purpose of sovereignty is to maintain the security and development of national in the world,and the sovereignty of cyberspace is in line with the spirit of this natural law,which can maintain the justice,equality and freedom of cyberspace.Finally,it discusses the logic foundation of the principle of cyberspace sovereignty in the positive law.The theory of the third generation of human rights provides a new direction for the development of human rights and sovereignty in the context of globalization,and cyberspace sovereignty is the specific practice of this new direction.In terms of the object of sovereignty application,through the discussion of territorial sea,airspace and outer space,it is concluded that the principle of sovereignty application needs the recognition and controllability of all countries to implement specific norms,and cyberspace sovereignty basically has such conditions.Generally speaking,cyberspace sovereignty has a solid legal basis,and the urgent task is to construct its content of rights and apply it to practice as soon as possible.According to the general principle of sovereignty,the specific content of national sovereignty should be jurisdiction,independence,equality and self-defense,and the specific content of cyberspace sovereignty should also be applied on this basis.The jurisdiction of cyberspace is the application of territorial,personal,protective and universal jurisdiction as well as the right of innocent passage,the application of the independence of cyberspace in policy independence and technology independence,and the application of the equality of cyberspace in national equal exchange and international immunity.In the right of self-defense in cyberspace,because the traditional content has been difficult to apply,it redefines the "armed attack",and discusses the specific application and object of the right of self-defense,and finally discusses the problem of cyber espionage.Finally,in the application of the specific rules of cyberspace sovereignty,it proposes to advocate the establishment of statute law,the legislation of cooperation among countries and the role of the United Nations,so as to promote the progress of cyberspace legal system and the rule of law,and strive to make the international cyberspace bring more beneficial effects for the common destiny of mankind and create more well-being for the whole world.