| Since the 21st century,the tide of the Internet has swept the world,and countries have begun to realize the importance of the Internet in the political and military fields.countries also began to realize the importance of the network in the field of political and military.Due to the concealment and low cost of cyber attacks,the Internet has gradually become a convenient means for certain countries to attack their hostile countries.This has undoubtedly made the already disorderly cyberspace more complicated,and indirectly shaken the foundation of state sovereignty in the international law system.Although the network is virtual,the network infrastructure that initiates the attack is indeed under the jurisdiction of the government of the host country,and the main body of the attack is also national and should fall under the jurisdiction of the state sovereignty.However,in the current international law system,the subject status of non-state actors has not been officially recognized by international law.)Therefore,in order to circumvent state responsibility,the attacking country usually instructs or controls hackers,cyber criminal organizations or other non-state actors to launch cyber attacks.In order to solve the problem of the absence of the main responsibility,the academia has formulated two control standards: "effective control" and "comprehensive)control",which serve as the basis of national accountability,and each of them has its own rationality.However,considering the development level of network technology and relevant cases of international law,the standard of “effective control” may better fit the current situation of cyber attacks,and limit the measures such as the abuse of self-defense way.However,strict identification standards will inevitably lead to difficulties in the attribution of behavior.Therefore,introducing the principle of due diligence in transboundary damage may be an effective way to solve this problem.Although this principle is controversial in practice,however,from the perspective of theoretical deduction and analogy,its application in the field of network attack has its rationality,and can also play a supplementary role in the identification of control relationship and it can also play a supplementary role in determining the control relationship,thereby reducing and controlling the illegal activities of non-state actors.Among the due diligence obligations,the state should perform "risk assessment","information","supervision" and other obligations,and use "reasonability" as the behavior standard to judge the performance of the obligation.At the same time,it adheres to the principle of "proof is presented by the person who asserts the claim",appropriately matches the standard of proof,strengthens international cooperation in cyber,and forces all countries to control and prevent cyber attacks within their territorial jurisdiction.To achieve a mutually beneficial and win-win sustainable network ecological environment. |
