Sovereignty And Legalization Of Cyberspace

This article started from the interpretation of the concept of cyberspace,it divided cyberspace into logical layer,physical Layer,data layer,social layer,and analyzed the content and characteristics of each layer in detail.Based on the features of each layer such as the geographical dependence of the physical layer,the personal nature of the data,the real identity of social subjects in cyberspace,and the extent to which cyberspace can be divided into different countries,it came to the conclusion that state sovereignty extends to every layer of cyberspace.Next,through the four layers division perspective,this article continues to analyze the manifestation of national sovereignty,especially the legislative jurisdiction in the cyberspace and the main content of the cyberspace legal system.The characteristics of each layer determine that cyberspace requires both domestic legal systems and international rules.International law in cyberspace should improve equal participation and international cooperation while respect for the state consent principle.It should focus on major issues such as global Internet protocols,key infrastructure of international networks,cross-border data flow,cooperation in cyber law enforcement,cyber norms and responsibilities for states.At the domestic level,the state should prevent the abuse of network technology codes,promote the protection of critical infrastructure,data rights and security,regulate the governance of negative internet content,and promote the legislation of the social dimension of cyberspace through legal transplantation.