On The Construction Of The System Of Forgotten

In the era of large data, the vigorous development of the data industry is effecting our life in every aspects.The rapid innovation of data technology and the quick globalization of the Internet field make the network data stride from the “default forgetting"into "default memory".The pattern between memory and the past has been subverted.Along with media crowning one infringement suit concluded by one intermediate people's court in Beijing as '"the first case of 'the right to be forgotten'',the system for the right to be forgotten has been formally brought to the vision of the public.The system have leaded more people to reexamine the traditional yet new, political yet commercial legal system that arouse both peole's hate and appreciation.The system of the right to be forgotten was born as a new issue in the wave of the Internet.Although it was confirmed by a jurisprudence of the European Court of Justice,the same legislative spirit can be found in the "Cyber-Safety Act” promulgated by China in November 2016.Thus it can be seen that the construction of the system of the right to be forgotten is closely related to the development of our information society.At the legal level,should we solve this new problem by extending the existing legal concept definition and then using the rights and obligations set by the existing legal concept to solve the new problem;or should we establish new legal concept so as to redefine the right-duty relation between people in the era of larege data and on the basis of it,put forward new legal system? How to rebuild the right-duty relation in our society and what kind of adjustment would come out with resonalbe result? These are all questions that need to be brood over.Globalization and the expansion of cyberspace have added more burden to the traditional legal system, leaving it at the edge of collapse.The newborn and relatively stable legal system that has gone through thousands years of test is now under unprecedental attack. With reference to the debates on the first case concerning the right to be forgotten in China, and by comparing EU and America's different attitude toward the right to be forgotten and the legalative logic behind them, the article analyses the legal attributes of the right to be forgotten in a step-by-step manner. Besides, the article tries to find accurate positioning of the right to be forgotten in the personality rights spectrum though analysis of the text and illustration. The article ends up with the concrete design of the system of the right to be forgotten and will expand on the details of the right to be forgotten and key component as well as exemptions for the protection by the tort liability law.