Comparative Studies On The Crime Of Food Safety Between China And Korea

Since a number of food safety accidents happened in both China and Korean in recent ten years,the two countries have concerned about food safety,and continuously supplemented the criminal law on food safety crime.Nevertheless,in order to make the relevant laws complete,it is necessary to refer to other countries' situations.Therefore,this text does comparative studies on the criminal law on the food safety crime in China and Korea,and then makes conclusions about the mutual implications and suggestion for supplementation.This text is divided into five chapters:The first chapter compares the notion of food and food safety crime in China and Korea.The notion of "food" is similar in the both countries legal system,and a unified notion of "food safety crime" does not exist,but scholars try to classify it.The second chapter compares the legal model of food safety crime in China and Korea.In China,"Criminal Law" is monopolistically regulate food safety crimes.In Korea,"Criminal Act","Food Sanitation Act" and other laws regulate food safety crime.As for the tendency in legislation,the both countries have strengthened the punishment and broadened the range of illegality.The third chapter compares the requirements of food safety crime in China and Korea.The both countries are largely dependent on judicial interpretations or administrative laws when interpreting laws on food safety crime,mainly regulate intentional offenses.And the subjective requirements consist of intention and negligence.China's criminal law directly regulates the offenses,but Korea's criminal law adopts a method like "Those who violate the certain article will be punished...",so China's method is clearer than Korea's.Besides,China's criminal law imposes a heavier punishment on dereliction of duty of workers in national institutions responsible for food safety,but a corresponding article does not exist in Korea.The fourth chapter compares the criminal responsibility in the both countries.Although the statutory punishment of food safety crimes is comparatively strong,but in the jurisdiction practice,China is much stronger than Korea.China's criminal law,based on Article 30 etc.,recognize unit's responsibility,but in Korea a corporate body is punished when "a dual responsibility article" exists in the relevant law.The fifth chapter is mutual implications and suggestions for supplementation.In order to make the relevant laws complete,Korea can refer to China's advantages:a relatively clear and direct regulation,a heavier punishment,and the article for dereliction of duty of workers in national institutions.China also can refer to Korea's advantages:a modification of the benefit and protection of the law,a necessity of a special law,a broad range of illegal behaviors,and a balance between human rights and the benefit and protection of the law.