On The Legal Construction Of The Right To Be Forgotten In China

Throughout the history of human development,from the earliest knot rope record,to the later written records,and to the replacement of different carriers,we can see people’s persistence and desire for memory.With the development of information technology,the arrival of the era of big data,the long-cherished wish of permanent memory of mankind has been realized.In this era,people don’t have to worry about things that they can’t remember anymore.The network information is engraved with every bit of people’s life.However,such a large and permanent storage of people’s information on the Internet has also led people into another dilemma,which is hard to be forgotten.In human social life,information continues to be memorized.The relevant information subjects cannot get rid of the imprisonment of embarrassing events.Their basic personality rights and interests such as personality dignity and personality freedom will be eroded and the pursuit of quiet and stable life will not be guaranteed.In order to cope with this new problem,the research on the right to be forgotten has been carried out.The European Union takes the lead in the study of the right to be forgotten,which has also attracted the attention of many countries and regions in the world.China is also one of them.Through the search of CNKI,it can be found that Chinese research on the right to be forgotten started relatively late in 2012.At present,Chinese academic circles focuses on the research of localization of the right to be forgotten.It is worth noting that the relevant research on the basic problem of the right to be forgotten is still in a state of confusion in Chinese academic circles and there is no final conclusion.This paper mainly discusses the legal construction of the right to be forgotten in China through five parts.The first part is the introduction.The second part to the fifth part are the main content of the article.The second part is about the basic theory of the right to be forgotten.It clarifies the right to be forgotten by reviewing the concept,characteristics and nature of the right to be forgotten in the academic community,so as to consolidate the theoretical basis for the following argument.The third part demonstrates the necessity of constructing the right to be forgotten in China from the perspective of meeting the needs of social interests,filling legal loopholes and improving the system of personality rights.At the same time,the feasibility of constructing the right to be forgotten in China is expounded from the aspects of theoretical basis,legal basis,practical basis and experience.The fourth part is to summarize the experience that can be used for reference in the legal construction of the right to be forgotten in China by introducing the practice of legislation outside the region.The fifth part is the core of this paper,mainly from three aspects to explain:firstly,it analyzes the four legislative paths existing in the current academic circle,namely,administrative regulations or rules protection path,civil code tort liability law protection path,personal information protection law protection path and civil code protection path,and makes legislative path selection;secondly,it makes clear the legal relationship of the right to be forgotten constructed in China,that is,the subject,object and content of the right to be forgotten is specified;finally,the exercise and exception of the right to be forgotten are clarified,that is to say,under what circumstances the right to be forgotten should be applied and what exceptions exist in the application of the right to be forgotten.