On The Juristic Analysis Of Yu Jinping’s Traffic Accident Case

Yu Jinping traffic accident this case fact part is not special,cause people to debate is in the criminal proceedings.On the night of June 5,2019,the defendant Yu Jinping was suspected of causing the death of the victim in a drunk driving traffic accident.He then drove away and woke up the next morning and voluntarily went to the judiciary to confess his crimes and signed a confession of guilt and punishment,with the understanding of the victims’ families and compensation of 1.6 million yuan,on the premise that the facts were clear and the evidence was indeed sufficient,the procuratorate issued a suspended sentence of three to four,in the first instance,it was found that the sentencing opinion issued by the procuratorate was manifestly improper and was not accepted,resulting in a final sentence of two years’ imprisonment.Yu Jinping later appealed on the grounds that the sentence was too heavy,while the procuratorate protested that the sentencing opinion of the Court of First Instance was not in conformity and that the sentence of first instance was too heavy.After initiating the second instance proceedings,the Court of Second Instance considered that the defendant Yu Jinping did not make a confession in the first instance proceedings to the main facts that he "knew" about the collision,found that there were errors in the first instance judgment,and directly denied the voluntary surrender in the first instance,Yu Jinping was sentenced to three years and six months in prison,more severe than at first instance.In the reasons for the first instance judgment,the defendant was found to have turned himself in,confessed his guilt and accepted his punishment,but he considered that because his status as a public official was subjective and malignant,the opinion of the procuratorate on sentencing three reprieves and four punishments had not been applied,this is not consistent with the original intention of the present voluntary surrender system and the system of confession and punishment.The defendant Yu Jinping appealed against the first instance judgment,the procuratorate simultaneously protested.In this case,although there is no fault on the part of the Court of Second Instance in increasing the penalty imposed on the defendant from the point of view of formal review,however,the law does not stipulate whether the court still applies "appeal without additional punishment" when the prosecutor’s office takes the view of the defendant’s interests,which once aroused heated debate in the legal field.Second,the Court of Second Instance held that the Court of First Instance was wrong in its determination of voluntary surrender and directly denied the defendant’s voluntary surrender,because the defendant did not confess to the fact that he "knew" that he had hit someone,which did not meet the requirements for the establishment of voluntary surrender.The fact that the Court of Second Instance did not contest the fact and handed down a direct sentence of three years and six months’ imprisonment,in which there was a contradiction between the denial of voluntary surrender and the denial of a guilty plea,deserves further investigation.The first part of this paper first studies and analyzes the domestic and foreign researches on the system of confession and punishment,voluntary surrender and appeal without additional punishment,thus providing theoretical support for the research and analysis of this paper.The second part briefly introduces the case of Yu Jinping’s traffic accident,and then briefly introduces and analyzes the judgments of the Court of First Instance and the Court of second instance.The third part puts forward the focus of dispute in this case,that is,the Court of First Instance did not adopt the opinion of the procuratorate on sentencing when the defendant Yu Jinping confessed his crime,the court of second instance directly denied the decision of voluntary surrender at first instance,and the relationship between the aggravation of sentence by the Court of second instance and the non-aggravation of sentence on appeal.In the fourth part,we analyze these three focal issues from the perspective of jurisprudence,from the formal and substantive review to explore the system of confession and punishment,appeal without additional punishment system and the system of surrender in the case of the show to be perfect and improved by law,through the full text of the study and analysis,hope to provide some theoretical reference for other scholars and relevant legislators.