Research On The Exercising Of National Self-defense Right In Cyber Attack

With the rapid development of information network technology,cyberspace has become a new space closely related to people’s life.However,behind the rapid development of the network,there are a lot of cyber attacks,which bring challenges to the peace and stability of the international community.In this regard,the international community has begun to pay attention to the regulation of international law of cyber attacks,especially the exercise of the right of self-defense in cyber attacks.At present,the academic circles generally agree that the traditional right of self-defense can be applied to cyberspace,but there are still differences on the definition of related issues,and there is no consensus.The conditions for the exercise of the right of self-defense in cyber attacks need to be further defined.Therefore,this paper discusses the relevant conditions of the exercise of the right of self-defense in cyber attacks,the purpose is to clarify the premise and restrictions of the exercise of the right of self-defense in cyber attacks,and ensure the legitimacy of the exercise of the right of self-defense.The full text is divided into five parts.The first part expounds the basic concept and characteristics of cyber attack,the general theory of the exercise of the right of self-defense,and the theoretical debate on the exercise of the right of self-defense in cyber attack,and then analyzes the necessity of the exercise of the right of self-defense in cyber attack.The second part discusses the two premises of the exercise of the right of self-defense in cyber attacks,that is,cyber attacks should reach the degree of "armed attack" and can be attributed to the state,and analyzes the definition standard of "armed attack" and the specific situation of cyber attacks can be attributed to the state.The third part introduces the limitation of the exercise of the right of self-defense in network attack,and emphasizes the time limitation and principle limitation of the exercise of the right of self-defense in network attack.The fourth part introduces the practice of the exercise of the right of self-defense in dealing with cyber attacks and Its Enlightenment to China.Starting from the practice of NATO,the United States and Russia,it analyzes the international practice of dealing with cyber attacks and Its Enlightenment to China,so as to provide experience for China to deal with cyber attacks.In the fifth part,based on the combination of theory and foreign practice,it puts forward the Countermeasures of China’s exercise of the right of self-defense against cyber attacks,including both international and domestic countermeasures.Among them,the international countermeasures,starting from cyberspace sovereignty,put forward that we should follow the conditions for exercising the right of self-defense,actively advocate international cooperation under the framework of the United Nations,and make up for the absence and deficiency of the current law by enacting international soft law first.The domestic level is based on improving the domestic law and improving the level of network technology,in order to enhance the defense ability to deal with network risks.