近年来,国家间愈演愈烈的网络攻击已成为国际社会关注的焦点问题。然而由于互联网所具有的匿名性、即时性等特殊技术性质,网络攻击的实际发源地和发动者往往难以确定,国家也因此能够更容易通过控制诸如黑客组织等非国家实体发动网络攻击以逃避国家责任。有鉴于此,传统国家责任的归因规则是否应继续适用已经产生了很大争议,而明确网络攻击中的国家责任,不但有助于遏制当前愈发严重的网络不法侵害,同时也是受害国及时获得救济的法律前提。 In recent years, the increasingly intensified cyber attacks among countries have become the focus of attention of the international community. However, due to the special technical nature of the Internet, such as anonymity and immediacy, the actual birthplace and initiator of cyber attacks are often difficult to determine. Countries can therefore more easily evade cyber attacks by controlling non-state entities such as hacking organizations responsibility. In view of this, it has become very controversial whether the rules of attribution of traditional state responsibility should continue to be applied. However, clarifying the state responsibility in cyber attacks not only helps to curb the current increasingly serious cybercrime violations, but also promptly victimizes the country in time Legal prerequisites for relief.