被遗忘权在刑事领域的适用困境与出路

The Dilemma and Solution of the Application of the Right to Be Forgotten in the Criminal Field

随着《个人信息保护法》的出台,被遗忘权不仅在私法领域受到了广泛关注,在刑事领域中也引发了讨论。赋予有犯罪记录者被遗忘权,对促进其复归社会具有重要意义。但是,将被遗忘权适用于刑事领域也面临着价值与规范冲突。推进被遗忘权在刑事领域的顺利适用,需从规范权利主体、义务主体、明确适用范围以及保障方式等方面寻求出路。

With the promulgation of Personal Information Protection Law of the People's Republic of China,the right to be forgotten has received widespread attention not only in the field of private law,but also in the field of criminal law.The right to be forgotten in the criminal field is of great significance for people with criminal records to return to society.However,if the right to be forgotten is to be widely applied in the criminal field in China,it will inevitably face the dilemma of conflict between the value and the normative.In order to make the right to be forgotten apply smoothly in the criminal field of our country,it is necessary to find a way out from the subject of rights and obligations,scope of application and guarantee mode,so as to promote the further development of the cause of human rights protection in our country.