Research On The Criminal Forgotten Right Of Minors

With the advent of the era of big data,the rapid development of various information technologies has made longterm memory and even permanent memory possible,and data information forgetting has become a luxury.In this context,research and discussion on the right to be forgotten at home and abroad are in full swing.The minor accused has the dual identity of the minor and the accused.It is of typical significance to study the right to be forgotten in criminal cases.Therefore,through the study of the criminal right to be forgotten of minors,this paper aims to clarify the legitimacy and necessity of the criminal right to be forgotten of minors.analyze the problems faced by the establishment of the criminal right to be forgotten,and analyze the construction of the legal protection system in China,in order to realize the protection of the human rights of the juvenile accused and prevent the juvenile accused from committing crimes again.This article is divided into four parts:The first part is the definition of juvenile criminal forgotten right.By clarifying the boundary of the juvenile criminal right to be forgotten,and determining its concept and definition to clarify the research object.In this paper,the subject of juvenile criminal forgotten right is limited to minor criminal minors,and the obligor should be the information service provider,judicial institution,criminal record storage subject and other relevant public authorities.The second part is the discussion of the necessity and legitimacy of the juvenile criminal forgotten right,which lays the foundation for the construction of the juvenile criminal forgotten right protection system.The necessity is analyzed from five aspects:making up for the lack of practical protection of the existing criminal record storage system,adapting to the needs of social development and information explosion in the era of big data,adapting to the current situation of juvenile delinquency trends,reducing the need for juvenile recidivism,and protecting China’s special family structure from severe shocks.Legitimacy is analyzed from four aspects:realizing the balance of dynamic judicial value,reflecting the modesty of criminal law,practicing the theory of national parental rights,and inheriting the thought of benevolence and cautious punishment.The third part is to study and analyze the existing soil and obstacles for the establishment of juvenile criminal forgotten rights in China.Through the combing of the current situation of China’s legislation,the existing soil for establishing the right to be forgotten in juvenile delinquency in China is explored.At the same time,it clearly establishes the obstacles faced by minors’criminal right to be forgotten.The first is that the content of the right to be forgotten is controversial.The second is that the protection of minors lacks relief and safeguards.The third is the conflict of interest faced by the application of minors’criminal right to be forgotten.The fourth part is the author’s discussion on the construction of a systematic protection system.The first is to explore its specific content by clarifying the right to be forgotten in law,and the second is to improve the criminal record storage system to make up for the lack of practice and establish a responsibility system.The third is to draw the boundary of the juvenile criminal right to be forgotten through the principle of proportionality and stipulate exceptions.Finally,the establishment of relevant security system.