Generation And Interpretation Of Layered Theoretical Model Of Cyberspace Sovereignty

As the core of modern international law system,the intension and extension of sovereignty have been continuously expanded with the development of human beings and the progress of science and technology since its birth.Since entering the Internet era,the cyberspace formed by human activity and intercourse through the Internet has become the "fifth space" after the ocean,sky,land and outer space.The complicated chaos of Internet governance has led to widespread discussions on the application of state sovereignty in cyberspace.At present,the competition for cyberspace sovereignty among various forces has entered the third stage.Differences and disputes arise among countries over the nature of cyberspace and the methods of Internet governance.The concept of cyberspace governance and sovereignty is stalled.Cyberspace sovereignty is a new development of sovereignty.While inheriting the unique attributes of sovereignty,it also conforms to the characteristics of cyberspace architecture and forms a unique layered structure of cyberspace sovereignty.Specifically,sovereignty is exclusive and transferable.The transferability of sovereignty refers to the transference of sovereign right.Taking ultimate dominance as the standard,it means the transference of other rights except independence,equality,jurisdiction and self-defense,which are the four basic rights with ultimate dominance.Based on the architecture of cyberspace,sovereignty in cyberspace can be divided into four layers,namely physical layer,logic layer,application layer and social layer.Each of these layers is a manifestation of national sovereignty.Physical layer and social layer are related to national network infrastructure and network ideology.From the perspective of ultimate dominance,they belong to the "absolute forbidden area" of the transference of sovereign rights.We must uphold absolute national sovereignty and safeguard the "foundation" and "soul" of cyberspace sovereignty.The logical layer and the application layer involve the network protocol,network standards,application software development or management and other matters are under the supervision of the state from beginning to end.The state always holds the "gate" for the operation of network protocol standards and software applications.We can uphold the transference of sovereignty rights,allow the logical layer and application layer to develop healthily under the participation and supervision of the state,and dreg the "blood vessels" and "meridians" of cyberspace sovereignty.Therefore,in the bottom-up " pyramid " structure of the physical layer,logical layer,application layer and social layer of cyberspace,we insist on sovereignty exclusivity for the physical and social layers,and sovereignty transferability for the logical and application layers,forming an " olive shape" layered theoretical model of sovereignty in cyberspace,with the characteristics of "tightening at both ends and loosening in the middle".The construction of the theoretical model is not the final goal,the proposed practical path is the criterion to test the feasibility of the theoretical model.Based on the sovereignty exclusivity of physical layer and social layer,we should insist on national sovereignty and ensure that the sovereign rights with ultimate dominating attributes are firmly held in the hands of the state.Steps we can take include: reforming the domain name resolution system to protect the independence of a sovereign state,promoting the internationalization of ICANN to guarantee the equality of a sovereign state,clarifying the boundaries of the exercise of cyber sovereignty to conserve the jurisdiction of a sovereign state,building a defense system in cyberspace to safeguard the Cyber-defense of a sovereign state.Based on the sovereignty transferability of logical layer and application layer,we can transfer some sovereign rights and strengthen the participation and supervision of the state,including: clarifying the scope of supervision to build an orderly and manageable cyberspace,encouraging social entities to participate in international competition actively.Finally,it puts forward the "hard measures" and "soft competition" that China should take under the existing layered theoretical model of cyberspace governance.China is willing to work with other countries to uphold the spirit of openness,cooperation and inclusiveness,build a community of destiny in cyberspace,and share the fruits of development in cyberspace governance.