Research On The Systematic Construction And Localization Path Of The Right To Be Forgotten ——Based On Analysis Of Legislation And Judicial Practice Of Foreign Countries

According to Heinrich’s Law: behind every accident that causes a major injury,there must be hundreds of clues and hidden dangers which already exist.Only by controlling hundreds of clues and hidden dangers can the accident be avoided.This“Aviation Safety” principle is exactly the interpretation of the development of the right to be forgotten in China,and provides inspiration for the construction of the right to be forgotten system and localization path.In China’s judicial practice,the first case of the right to be forgotten,Ren Jiayu v.Beijing Baidu Netcom Technology Co.,Ltd.,is the performance of Heinrich’s Law.The right to be forgotten has foundation in China.In recent years,legislation on personal information has been continuously improved,the warm discussion on the right to be forgotten by the academic circles has been made,and the functions such as We Chat withdrawal message,We Chat Moment seen only latest three days are increasingly developed.Although the right to be forgotten advocated by Ren Jiayu was not supported by the court,it created a precedent for the judicial practice of the right to be forgotten in China,which reflects the urgent need to improve the relevant legislation and settle the dispute between the legislation and the practice.Only by controlling hundreds of clues and hidden dangers behind Ren Jiayu Case can more similar cases be avoided effectively.To protect this emerging right,which is born in the era of big data,we need to focus on the legislative and judicial practice of the right to be forgotten in developed countries or regions,absorb their experience and lessons,and explore the most suitable way to construct the right to be forgotten system and choose suitable localization path in China.After studying the relevant legislative experience of foreign countries or regions,it can be found that active lawmakers represented by the European Union and Russia actively promote legislation on this emerging right and gradually build a relatively complete system of the right to be forgotten by stipulating it in law.While passive conservatives represented by the United States and Japan hold a negative and conservative attitude towards the right to be forgotten,which they apply the right to be forgotten in a limited way for the protection of citizens’ legitimate rights and interests.By investigating the relevant judicial practice experience of foreign countries or regions,we can know that the first case or the typical case of the right to be forgotten in the European Union,Russia,Japan or the United States has similar characteristics,such as occurrence time,the subject and content of litigation.Besides,the judgment results of these countries or regions are consistent with the legislative attitude held by themselves.Ideas on the trial of emerging rights without domestic legal basis are also of great reference value to China.This paper starts from Ren Jiayu case,and carries out a comparative study on the legislation and judicial practice of the protection of the right to be forgotten among China,foreign countries and regions in a horizontal and vertical way.This paper summarizes the advanced legislative and judicial practice experience of the right to be forgotten outside the territory and compares the difference between home and foreign countries,thus exploring the main characteristics and limitations of the protection of the right to be forgotten in China at the present stage and putting forward the feasibility and necessity of the introduction of the right to be forgotten system in China.At the end,through the comparative research,it comes to a conclusion that China shall introduce the right to be forgotten system selectively and moderately according to the reality.Ideas and lessons learned from outside are:（1）adhering to the tool-oriented legislation by learning from the strengths of various countries and regions and improving the legislative rules;（2）focusing on value-orientation judicial practice by learning how countries and regions maintain the balance of judicial value in cases of the right to be forgotten,so as to balance the conflict of rights and interests of all parties.In the era of big data,personal information posted on the Internet has become a permanent label attached on individuals and counteracts our life.Although at present our country lags behind in the right to be forgotten,many aspects show the inclusiveness and exploration enthusiasm of this emerging right in China,such as measures to continuously improve legislation on the protection of personal information,the judicial practice of not denying the protection value of the right to be forgotten,the increasingly mature academic researches on the right to be forgotten.It is believed that the seed of the right to be forgotten will eventually take root and germinate on the soil of our country,and the right to be forgotten will bear the fruit that is beneficial to our economic development and social progress with the nourishment of our country’s social reality.