A Comparative Study On Criminal Legislation Of Food Safety Crimes Between China And Korea

Food safety is an important issue related to people's livelihood,which needs to be paid full attention to.Our country's criminal law in 1979 did not have special provisions for food safety crimes,until 1997,when the criminal law was amended,the crime of food safety was stipulated in the first section of the third chapter of the sub-chapter of the criminal law.In 2011,the Criminal Law Amendment(VIII)amended the statutory penalty for food safety crimes and added the crime of malfeasance in food supervision.Then,through judicial interpretation,the criminal law provisions were further specified and judicial application was strengthened.Although the amendment of criminal law,the amendment of criminal law and the further improvement of judicial interpretation,the criminal legislation of food safety crime in our country still has some deficiencies in legislative concept,legislative skills and criminal punishment.As our neighbour,Korea attaches great importance to food safety.Through the regulation of laws and effective policies,the country' s food safety has reached the level of developed countries in the world.Korea enacted criminal laws related to food safety in 1962.Through the food supervisor system and food safety inspection system,it can effectively prevent the occurrence of crime,and through the concrete content of food safety crime,it can effectively combat crime.On the legislative model,through the Criminal Law,the Food Hygiene Law,the law enforcement order and the law enforcement rules,the three-dimensional system can play a good role in the prevention and control of food safety,effectively reduce the occurrence of crime,and has a good reference significance for the improvement of our country's criminal legislation.Based on the current situation of food safety crime in China,this paper analyses the current situation of food safety crime in China's criminal legislation.Through the study of Korea's Food Hygiene Law,this paper probes into the current situation of Korean criminal legislation and the implementation of law on food safety crime.Through comparative study,the deficiencies of the existing criminal legislation of food safety crime in our country are concluded,and the excellent parts of Korean legislation are used for reference to improve the criminal legislation of food safety crime in our country.The framework of this paper is as follows:The first part discusses the basic theory of food safety crime.By defining food safety crime accurately and explaining Food Safety Crime in broad sense and food safety crime in narrow sense,we have a correct understanding of the basic concepts.At the same time,through the analysis of the characteristics and harmfulness of food safety crime,this paper demonstrates the necessity of perfecting the criminal legislation of food safety crime.The second part discusses the legislation status of food safety crime in China.Starting from the existing legislation of food safety crime,this paper expounds the provisions of criminal law and relevant judicial interpretations,in order to deepen the understanding of the current situation of criminal legislation of food safety crime in China,and at the same time,discusses the deficiencies in the current legislation of our country.The third part discusses the current situation of criminal legislation of food safety crime in Korea.Through the in-depth discussion on the criminal legislation of food safety crime in Korea,the evolution and implementation of the current situation are analyzed in depth.At the same time,through the evaluation of its legislative concept,legislative skills and penalty provisions,it is concluded that its legislation is beneficial to the prevention and combat of food safety crimes.The fourth part draws a reasonable conclusion by comparing the criminal legislation of food safety crimes between China and Korea.This paper summarizes and evaluates the legislative concepts,legislative techniques and penalty provisions in the criminal legislation of food safety crimes between China and Korea.Finally,by comparing the legislative concepts,legislative techniques and penalty provisions of food safety crimes between China and Korea,and drawing lessons from the outstanding parts of Korean legislation,a reasonable conclusion is drawn:China needs to further improve the legislative skills,legislative concepts and penalties.