The Right Of National Self-defense In Cyberspace

With the change of times,the network information is rapidly transmitted between countries,and breaks through the time and space constraints.Cyberspace has been regarded as the "fifth space".To maintain its security is not only a supplement to the traditional security architecture,but also an integral part of national comprehensive security.If we are lazy to protect the national security in cyberspace,it will not only lead to the leakage of state confidential information and the destruction of infrastructure,but also the erosion of cultural information,which will have an irreversible impact on the country.Therefore,how to deal with cyber attacks in cyberspace security issues bear the brunt of the first,which has practical significance on whether the country has the right of self-defense in cyberspace and how to exercise the right of self-defense in cyberspace.This paper makes full use of the method of literature survey,on the basis of consulting a large number of literature,studies the exercise of the right of self-defense of the state in cyberspace.In the international legal community has not formed a unified view of the environment,this paper summarizes the meaning and characteristics of cyberspace self-defense,and further analyzes the impact of information technology and cyber attacks on national security.At the same time,through the in-depth study of the legislative practice of the right of self-defense of EU countries,the United States and China’s Existing Cyberspace countries,this paper summarizes the existing shortcomings.The international community should jointly promote the formation of the network security governance mechanism,improve the standards of recognizing the cyberspace armed attack and applying the right of self-defense,so as to reduce the expectations of the countries concerned on the legitimate use of force,and pay attention to the procedural obligations when exercising the right of self-defense in cyberspace.On this basis,this paper puts forward some suggestions for China to exercise the right of self-defense in cyberspace,to safeguard China’s sovereignty,to promote countries in the world to prohibit the use of force in cyberspace,to actively conclude Peace Treaties to regulate cyber attacks,to strengthen the protection of the right of self-defense in cyberspace in domestic legislation,to establish and improve China’s Cyber Defense mechanism,and to realize the protection of China’s interests in cyberspace.