A Study On Exercising Self-defense Right In Cyberspace

The famous historian,Toynbee,once said that "human society often faces a series of significant challenges from people or nature in the course of historical development.At these critical nodes,there are multiple possible directions for human society." Today,our society is approaching such a challenging node,where traditional institutional systems are disintegrating in the turbulence of changing times and are rapidly shaped by the exponential development of digital technology.In this process,governance demands are intensively generated,and it is difficult to extend past experiences,which urgently requires new governance wisdom to prevent and resolve major risks.As a new perspective on governance,the regulation of the right to selfdefense in cyberspace is increasingly closely linked to the domestic political values of each country,making it more subjective and difficult to grasp,and increasing the difficulty of forming widely recognized governance consensus.This study starts from the perspective of enhancing the discourse power of cyberspace rulemaking,based on the research of scholars and official claims,attempting to fill the gap in rules.Through a detailed analysis of the basic concepts and characteristics of the right to self-defense in traditional international law,it is found that there are certain difficulties in applying the traditional right to self-defense to cyberspace,such as the threshold for activation,the objects of exercise,and the restrictions.Therefore,this study pays attention to the disputes and differences that arise in the application process based on the basic principles and spirits of international law,and focuses on drawing on the academic achievements of the theoretical and practical fields at home and abroad,in order to explore a beneficial way to break through the negotiation impasse.This study believes that when judging the activation of the right to selfdefense in cyberspace,it is necessary to clarify that only network actions that constitute "armed attacks" can be included in the scope of self-defense,and multiple theories should be used to analyze each case.When judging the objects of exercise of the right to self-defense in cyberspace,it is necessary to clarify that the objects of exercise can only be sovereign states,and the attribution problem of non-state actors should be treated with caution,adopting the state attribution standard of overall control,supplemented by strict proof standards to maintain the stability and security of cyberspace.As for the restrictions on the exercise of the right to self-defense in cyberspace,the fundamental stance of maximum prohibition or reduction of the use of force should be upheld,with the principles of necessity,proportionality,and distinction serving as important criteria for the exercise of self-defense.In terms of time,the moment when the "armed attack occurs" should be firmly grasped,and pre-emptive self-defense should be avoided,with retaliation after the fact strictly prohibited.The study of the law of armed conflict in cyberspace by scholars is still in its infancy,but the research on the right to self-defense in cyberspace is relatively rare,and many details have not yet been fully discussed.It is hoped that this research topic will attract more attention from scholars,and strive to promote the formation of widely recognized cyberspace governance rules,opening up a new situation for cracking the global digital governance deficit and development deficit.