New Rights Research

Rights protection runs through the entire legal field,and rights discourse is very popular in the political,legal and moral fields.The various positions,opinions,criticisms or ambitions.related to social and political lives are almost always expressed and confirmed by the word "rights",and the emerging rights present in an endless stream are examples.With the development of economy and science and technology,new rights or classic rights in the past have emerged many new specific problems in the new era.People need laws to make more practical provisions to stabilize social relations.And with the emergence of more and more emerging types of rights,there will be some negative effects,such as abuse of rights or generalization of rights."Forgotten Righthas" become one of the most important emerging rights in the academic world since it officially appeared in JudgmentinCaseC-131/12 EU Gonzalez vs.Google case in 2012.Its connotation is that natural persons can meet their own needs.The data controller is required to delete the right of the network about personal information that is out of date or no longer needed,so as to achieve the purpose of "junk" personal information being forgotten.The European Court of Justice supports the idea of “right to be forgotten”and establishes “forgotten rights”through the General Data Protection Regulations.Through the thinking and reference to the foreign regulations of "right to be forgotten",this paper will analyze the evidence-based methods of emerging rights,explore the foundations and standards of emerging rights,and cover the generalization and abuse of rights,as well as solutions.Combined with China’s current legislation,it analyzes the operability of emerging rights jurisprudence and provides useful reference for improving China’s legal system.The main content of this paper takes the "right to be forgotten" as an example to explore issues related to emerging rights.It is divided into four chapters.The first chapter describes the historical background of emerging rights,and then discusses the distinction between the two concepts of "emerging rights" and "new rights" and the conditions and standards for generating emerging rights.The second chapter combines the relevant provisions of the "right to be forgotten" and the research status to prove that the right to be forgotten is an emerging right,to test the method of evidence of emerging rights,and finally summarizes its jurisprudential significance of becoming an emerging right.The third chapter continues to study the negative problems caused by the right to be forgotten and the countermeasures,and discusses the two major negative phenomena of rights abuse and generalization of rights.The fourth chapter mainly introduces the localization and judicial methods of turning emerging rights into legal rights,and expounds the procedural requirements and substantive requirements that emerging rights can become legal rights.The study of emerging rights can better implement the rights-based thinking advocated by China.With the development of socio-economic law research in China,the empirical analysis and argumentation of emerging rights is expected to be further developed,thus changing the term "right".The cornerstone of the legal system.