The Legal Basis And System Construction Of The Criminal’s Right To Be Forgotten

Today,with the rapid development of Internet technology,the world has been set as a mode of memory,memory has become a norm,and forgetting has become a special situation.In order to protect personal information from unlimited dissemination,or from their own reputation is affected,the right to be forgotten arises.The right to be forgotten originated in the criminal field,which refers to the right of the right counterpart to request the data controller to delete his own information.On the basis of the right to be forgotten,this paper focuses on the study of one of the branches —— criminals’ right to be forgotten.There are four parts in the full text.The first part gives an overview of the right to be forgotten and analyzes the significance of protecting the right to be forgotten.Clarify the concept and attribute of the right to be forgotten,and sort out its historical evolution;protecting the right is beneficial to eliminating the "label effect",adapting to the change of criminal structure and meeting the development needs of the data era.The second part puts forward the legal and practical basis for constructing the right to be forgotten.The theoretical bases include inclusive rule of law theory,restorative justice theory,and modern rights theory.The legal basis includes the equal right of citizens,the national respect and protection of human rights,the criminal legislation and the anonymous witness witness system,the civil personal information protection law,including the first case in China,and already has the technical basis for realizing the right to be forgotten.The third part analyzes the practical dilemma and causes of the right to be forgotten.The dilemma include the ambiguity of the application,the conflict of system adjustment,rights and responsibility.The conflict of concept is the negative influence of the traditional ideology,resulting in the conflict with the freedom of speech,public right to know and public security;the conflict of interest affects the interests of Internet economy.The fourth part clarifies the mechanism and path of the system of the right to be forgotten.First of all,clarify the necessary choice for the construction of the criminal’s right to be forgotten.By advocating the concept of tolerance,mitigate the negative influence of the doctrine;then define the applicable scope of the subject and the content of the right,the subject and obligation,the applicable object and case type and the exercise procedure;and improve the responsibility mechanism of the right to be forgotten,clarify the principle of liability,constituent elements,responsibility method and the reason of exemption.Finally,the supporting legal system should be improved to provide institutional guarantee for criminals to exercise the right to be forgotten by unifying the criminal record system,revising the criminal record of the report system,optimizing the system of the online trial broadcast system,and improving the online system of judgment documents.