A Comparative Study On Protection To Food Safety In Criminal Laws Between China And South Korea

The food is the material basis of human being survival and development, alongwith economic development, human demand on food that is not only just in order tosatisfy the requirement of body, but also pay more attention to the health and safety ofthe food. Since the reform and opening up, rapid economic development of Chinacaused the change of market supply and demand, thereafter food hygiene and safetyissues have repeatedly occurred in many case, the Shuozhou adulterated liquor case,tainted milk products, waste oil events, poison capsules events, and so on. Thesetypical cases of food safety made the people very dissatisfied with the status of foodhygiene and safety in China and concerns about the prospects of that. This paperfurther reflection and discussion of the Criminal Code of the food safety protectionrelated issues and improve food safety protection of China and provide some opinionsand insights base on studying the advantages and disadvantages of the Criminal Codeof the food safety protection system in Korea.In this paper there are four parts, the first part show the analysis of history andcurrent situation of the criminal law protection of food safety in China, and through anumber of specific cases to demonstrate the grim situation of current food securityand awareness of necessary for the criminal law protection of food safety. Study onthe history and development of the criminal law protection of food safety in SouthKorea, we can find that Criminal Code of the food safety protection system is notovernight, also over time of the continuous development and improvement. Thesecond part make a systematic explanation of the legislative process of the criminallaw protection of food safety, and the resolution of criminal structure of food safetycriminal law protection and relative crime in China and South Korea. Focus on theCriminal Law Amendment (VIII), the crime of produce and sale food that dissatisfythe safety standards; the crime of food supervision and management malpractice; thecrime of produce and sale poisonous and harmful food. We translate and analyze thecriminal law protection part of the food safety laws and regulations and relative legalinformation in South Korea, making a horizontal comparison with existing laws inChina, on this basis to present some ideas on the legislation of the criminal lawprotection of food safety in China. In the last part of this paper, by the collation andresearch on food safety legislation in China, I make an analysis of some problems thatexist in the criminal law protection of food safety and provide some advices.