On The Legislative Construction Of The Right To Be Forgotten

The right to be forgotten is a new thing in the development of the era of big data.It is a system for deleting the open network information of information subjects.It has attracted the attention of Chinese scholars in recent years,but it has been regulated and practiced in the development process.The scrutiny has caused widespread controversy in the academic world.The issue of interest measurement for the right to be forgotten is its core issue,because it gives the information subject the deletion of the public information on the network under certain conditions,in fact,and other constitutional rights such as free speech and public knowledge granted to citizens based on the constitution.There is a certain value conflict with the public interest.Therefore,the prudent application of the right to be forgotten requires reasonable restrictions and the use of interest measurement rules.The scholars of civil law protection about the right to be forgotten are inconsistent.To clarify the legal orientation of the right to be forgotten,it is necessary to explore the various doctrines,to understand the legal basis of the right to be forgotten,and to analyze the legal attributes of the right to be forgotten,and to clarify that they belong to the right to privacy.Or the right to personal information,and resolve its contradiction between personality rights and property rights.There are many discussions on the relationship between the right to be forgotten and the right to delete.The application of the right to be forgotten or deleted is a key point in the legislative consideration of the process of localization of the right to forget.At present,for the use and protection of personal information,China has introduced relevant legal norms.It can be said that there is a legal basis for the legalization of the right to be forgotten,but these norms are basically end-of-life sanctions,lacking source-directed norms,and At the same time,the special legislation for the protection of personal information has made the basis for the right to be forgotten to be transplanted into the Chinese legal system weak.Based on the above-mentioned practical problems,this paper takes the localization of the right to be forgotten as the core.On the basis of reading a large number of documents related to the forgotten rights system,this paper analyzes and studies the specific cases in the forgotten rights legislation and judicial practice.This paper constructs the legislative problems and theoretical dilemmas arising from the legislative consideration of the right to forget,and proposes the realistic methods and paths to solve the above problems on the basis of clarifying the legal attributes of the forgotten rights.This thesis is divided into four parts: The first chapter will deeply analyze the dilemma faced by the forgotten right from the derivation;the second chapter is the combing of the status quo and judicial status of the forgotten right outside the domain;Digging the theoretical basis behind the right to be forgotten,andclarifying the legal attributes of the right to be forgotten from the perspective of private law;The fourth chapter puts forward the legislative construction content of the right to be forgotten in China on the basis of the forgotten right and the legal attribute of the right to be forgotten.