Research On The Criminal Right To Be Forgotten Of The Accused

The "right to be forgotten" is born and developed along with the progress of Internet information technology.It originated in the field of criminal justice,and its embryonic form of right can be traced back to the provisions on the release of prisoners in the Privacy Law of France in 1978.The right to be forgotten essentially aims to erase the criminal records of criminals who have completed their sentences,so as to promote their rapid return to society.However,with the rapid development of information technology,the "right to be forgotten" has been given a new meaning by The Times.It is no longer a unique right of criminals who have completed their sentences,but a right enjoyed by all information subjects,namely,the right to delete information that is inappropriate for them,so as to maintain the dignity of personal information autonomy.Since then,the right to be forgotten has become one of the hottest topics in the field of civil and commercial affairs,but it is gradually forgotten in the field of criminal justice,where it originated,but in fact,the need for the right to be forgotten in the field of criminal justice is just as urgent.Therefore,this paper firstly combs the basic theory of the right to be forgotten in criminal cases,analyzes the concept,development,legal attribute and construction value of the right to be forgotten in criminal cases,and confirms that giving the accused the right to be forgotten in criminal cases in the era of big data information is not only the inevitable way to deal with the information out of control in the era of big data.It is also the fundamental means to break the risk of criminal label generalization;It is also an important way to realize human rights protection in the field of criminal justice in the vision of a country ruled by law,so it is necessary to promote our country’s right to criminal amnesia prosecuted.Secondly,to sort out the current laws related to the right of prosecuted persons to be forgotten,and to conclude that there is an institutional basis for constructing the right of prosecuted persons to be forgotten.At the same time,the paper analyzes the dilemma existing in practice after the construction of the criminal right to be forgotten,which provides reference for the construction of the specific system.Finally,in the concrete system construction,based on the minor criminal records sealing system,it constructs multiple rights realization methods,auxiliary sets reasonable rights restrictions,harmonizes the conflicts of criminal right to be forgotten and other interests,and builds the operational path which conforms to the right of the pursued to be forgotten in criminal.So as to achieve the balance between the protection of the information rights and interests of the accused and public security in the era of big data information.