On The Network Attacks As Being "Use Of Force" From The Perspective Of The Tallinn Manuals

The progress of network science and technology,on the one hand,has facilitated personal life and promoted national development.On the other hand,the problem of n etwork attack is deteriorating,causing trouble to people and even affecting the peace a nd stability of the country.Therefore,it is necessary to regulate network attacks.Alth ough the Tallinn manual is not legally binding,it is the first document that comprehen sively describes how the current international law is used in cyberspace,which has att racted the attention of the international community.The Tallinn Handbook defines the issue that cyber attacks constitute "the use of force",and adopts the standards of the I nternational Court of justice in the Nicaraguan v.the United States case.The two crite ria of "scale and consequence" and "eight elements" provide a new research direction for the regulation of cyber attacks,but the shortcomings of the standards deserve more consideration.As for the issue that cyber attack constitutes "the use of force",this paper first po ints out that the definition standard itself is unfair and ambiguous,which makes it diff icult to operate in practice;secondly,it analyzes other problems hidden behind the sta ndard,including the difficulty in identifying and imputing cyber attacks,and the expa nded explanation of "use of force" in Tallinn Handbook is not in line with the spirit of the UN Charter From the expansion of the right to health,it is easy to intensify contra dictions and is not conducive to world peace and security.Finally,the paper studies th e issue that cyber attacks constitute"the use of force" and Its Enlightenment to China.On the basis of national conditions,on the one hand,actively participate in the formul ation of international network rules,on the other hand,timely carry out domestic legis lation,improve domestic laws and regulations,strengthen international cooperation,p romote win-win situation,and create a safe and healthy network environment.