Research On The Protection Of The Criminal Forgotten Right Of Minors

With the rapid development of the Internet era,the extensive collection of personal information makes it impossible for individuals to hide their whereabouts in the Internet era.Even if the individual has chosen to forget,the data information can be a permanent record of all the positive and negative past.When passive memory becomes the norm,"being forgotten" seems to be a luxury people can only hope for in the information age.The loss of personal information,especially criminal information,will greatly hinder the physical and mental health of minors and their growth and development.Minors are in a critical period of growth and development,and it is necessary to protect their criminal information comprehensively and fully.Although the Criminal procedure law stipulates the minor criminal closed trial system and the minor criminal record sealing system,it still has obvious limitations such as limited scope of protection and insufficient protection.Under this background,in order to protect minors from the risk of losing control of criminal information,and promote the perfection of juvenile criminal judicial protection system,the juvenile criminal right to be forgotten comes into being.Taking the right of minors to be forgotten as the logical starting point,this paper further demonstrates the practical necessity and practical feasibility of introducing the right of minors to be forgotten into the criminal field based on the analysis of relevant theories of the right to be forgotten and relevant systems at home and abroad,and combines the possible difficulties in the process of establishing the right of minors to be forgotten.This paper tries to put forward corresponding solutions and specific schemes of system construction,so as to protect the criminal information generated by minors in criminal proceedings and maximize the protection of minors’ interests.This paper mainly discusses the juvenile criminal right to be forgotten from the following four aspects:The first part combs the theoretical origin and development course of juvenile criminal right to be forgotten.Through the analysis and definition of related concepts such as the right to be forgotten and the right of minors to be forgotten,this paper finally leads to the focus of this paper on the concept of the criminal right of minors to be forgotten.This paper defines the right attribute of the right to be forgotten,and discusses the theoretical basis for the establishment of the right to be forgotten of minors from the aspects of the idea of national parental right,the application of the restorative judicial model,the Confucian thought and culture of caring for the young,and the protection of human rights.The second part summarizes the extraterritorial comparative study of juvenile criminal right to be forgotten.Since the right of minors to be forgotten is the first to be confirmed and protected by legislation in European and American countries and regions,this paper,by reviewing the legislative process of the right of minors to be forgotten in the European Union and the United States,makes a comparative study of the similarities and differences between the European Union and the United States in terms of the legislative concept,legislative model,institutional content and system of the right of minors to be forgotten in criminal cases.Some relevant legislative experiences will be provided for establishing the right of juvenile criminal forgetting in the future.The Three part proves the practical necessity and practical feasibility of establishing the right to be forgotten in our country.First of all,this paper analyzes the practical necessity of establishing the right to be forgotten of minors from the aspects of meeting the requirements of juvenile criminal justice practice,the urgent needs of juvenile personal information protection,helping minors to eliminate the label effect and return to society,and the needs of protecting the rights of juvenile victims and witnesses in criminal cases.Secondly,by studying the existing legal system foundation and the case reflection of judicial practice,to prove the practical feasibility of the minor criminal forgotten right localization in our country.The fourth part explores the system construction of juvenile criminal right to be forgotten,which is the key chapter of this paper.Combining the current problems facing the protection of the right to be forgotten,the author discusses in this chapter through the basic principles of the right to be forgotten,the subject of rights and obligations of the right to be forgotten,the responsibility of the right to be forgotten in the minor,and the improvement of the supporting system.This paper tries to provide a feasible scheme for the construction of the juvenile criminal right to be forgotten system to solve the possible difficulties and challenges.