| Whether a crime has a bad influence affects conviction, sentencing and procedure application. The nature of “bad influence” is complex, including four categories of dissemination of negative information, damage to public credit, disturbance of public peace and disruption of stable order. Legal interest theory and crime circumstance theory can be used to normatively recognize and define “bad influence” as a legal concept and circumstance type. The randomness and contingency of factors such as media influence are indeed issues that should be considered in imputation, but their reasonableness should not be denied entirely. As to the possibility of the behavior and its consequences being disclosed to the public, whether the disclosure is justified, in line with the moral credibility of the law and the ethical norms of the media should be considered hierarchically. As to the reasonable evaluation and objective measurement of bad influence, the idea and mechanism of due process of law should be emphasized, the reasons for applying the “bad influence” circumstance should be explained, and the degree of bad social influence should be systematically determined through reasonable and clear rules on witness testimony, petition situation, attention paid by authorities and information factors. |
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