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The Symposium on Comparative Research of Food Safety Legal System in East Asia was Held Successfully in Renmin University of China

On January 7, 2018, the symposium on Comparative Research of Food Safety Legal System in East Asia, a part of criminal law conferences in the year of 2018, was held successfully in Renmin University of China. The symposium was co-hosted by Center for Coordination and Innovation of Food Safety Governance, Criminal Jurisprudence Research Center and supported vigorously by Sam Walton Food Safety Law Chair.

Comparative research of food safety legal system in East Asia, a program of Japan¡¯s Ministry of Education, Culture, Sports, Science and Technology, was conducted jointly by Renmin Law School, Hitotsubashi University Law School and Pusan National University Law School, which would take three years. The program would be divided into three phases by year: analysis of the current situation of food safety legal system, refining topics of food safety legal system and addressing policy-oriented advice. Through the comparative studies of the three countries¡¯ food safety legislation, the functions and cooperation areas of food safety legal system would be clarified and efforts were made to find and determine research methods related to the legal issues.

Participants of the symposium were scholars and researchers from China¡¯s universities and institutes including Renmin University of China, Beijing Normal University, Beijing Foreign Studies University and Beijing Food and Drug Administration, universities of Japan including Hitotsubashi University, Niigata University and universities of South Korea including Pusan National University, Kyungnam University. They discussed the accusations, constitutive requirements and application of food safety in China, Japan and South Korea.

Professor Shi Yan¡¯an, director of Criminal Jurisprudence Research Center of Renmin University of China presided over the opening ceremony of the symposium. Professor Han Dayuan, the vice director of Center for Coordination and Innovation of Food Safety Governance, Professor Aoki Hitoshi from Hitotsubashi University and Professor Lee Gi Chun from usan National University gave the sopening speeches.

Firstly, Professor Han Dayuan introduced the research achievement of the China, Japan and South Korea¡¯ food safety legal system program, which promoted the construction and research of food safety legal system of these three countries. He pointed out that, food safety was the main concern of the public. The 19th congress of CPC proposed to implement the development strategy of food safety, which reflected the development idea of China. China constituted relatively developed legal system of food safety and built food safety public welfare lawsuit system and took various measures to protect food safety. Finally, Professor Han Dayuan said that food safety would be a permanent topic and Center for Coordination and Innovation of Food Safety Governance hoped to work together with everyone attending the symposium to perform the responsibility to protect human health and create bright future.

Professor Aoki Hitoshi thought, human beings were in a changing world. As long as human beings existed, the importance of freedom, dignity and health would never change. The topic of food safety would always make sense. There were many technical elements in the topic of food safety, but the dignity of human beings was involved. He said that the young generation in China can push the research of food safety into the future. He would also use this conference as an opportunity to think about human dignity and expressed gratitude and expectation for this conference.

Professor Lee Gi Chun pointed out that the South Korean people were also very concerned about food safety issues. The relevant food safety legislation had also been increasingly developed with the promotion of hot topics in food safety. Food safety was very important for us and future generations. He hoped that Renmin University of China, Pusan National University and Hitotsubashi University would continue to work together on food safety issues.

The first unit was hosted by Professor Kang Dac Scob of Pusan National University Law School.

Professor Mun Chae Gyu of Pusan National University Law School started with the recognition of food safety crimes and current legislation of food safety crimes and analyzed the constitutive conditions and punishment of food safety crimes in South Korea. Then, in light of the problems of existing in relevant laws and regulations concerning food safety, he said that the criminal sanction for food safety crimes should be addressed.

Associate Professor Tanaka Ryohiro of Law Department of Niigata University gave a detailed introduction to the penalty provisions in Japan¡¯s food safety legal system. Finally, he summarized and concluded the new trend of food safety system.

Professor Shi Yan¡¯an, director of Criminal Jurisprudence Research Center of Renmin University of China, expounded China¡¯s food safety regulations and crime identification from the perspectives of the food safety crimes identification and regulations of food safety crimes in China¡¯s criminal law and criminological classification of food safety crimes. He said that generalized concept of food safety crimes included food safety crimes and food deception crimes, and pointed out that different rules should be given to different types of cases.

Yoshioka Yoshihide, Assistant Researcher of Hitotsubashi University, organized a review of the meaning of sanctions on the actions violating Food Hygiene Law around the revocation of business licenses, and conducted further research in light of the actual implementation of the business license revocation system. She pointed out that the business license revocation system had not been actively applied in recent years, and only the prohibition and the suspension of business orders had been well implemented.

Then, the scholars had a warm discussion about the discrimination of criminal law and administrative law and the developing trend of the criminal penalty for food safety crimes.

The second unit was presided over by Wang Ying, Associate Professor of Renmin Law School.

Professor Lu Jianping, dean of Beijing Normal University Law School, talked about the way to improve the criminal regulation of food safety in China. Through the comparative research of legal protection of food nutrition in China and countries with developed rule of law, he pointed out that nutrition had been included in the protection scope of food safety as the core element of food. However, the scope of protection of food safety by criminal law was also too narrow.

Professor Wang Wenhua, director of E-commerce and Cyber Crime Research center of Beijing Foreign Studies University, shared her opinion on the relationship between criminal laws concerning food and medicine crimes and prerequisite law, analyzed the basis of prerequisite law and advised that crimes should be classified as serious crimes, misdemeanors, and minor crimes, and different supporting regulations on substantive law and procedural law should be established.

Ha Tae In, Associate Professor of police science department of Kyungnam University, mainly analyzed the current application situation of Korea¡¯s food safety regulations. Starting with the Korea¡¯s scale of food industry and food poisoning cases, he introduced the criteria for determining crimes of investigating agencies and the handling of cases.

Wang Yunhai, Professor of Hitotsubashi University Law School, analyzed the possibility and limitation of regulating the action violating the food safety by criminal law. He proposed to build food safety protection system centered on administrative regulation, civil regulation and social, cultural and moral regulation and abide by the finality and complementariness of criminal regulation.

Then, the scholars discussed criminal regulation, moral and cultural regulation and misunderstanding of illegality. Students attending the symposium raised questions and had fully communication with the scholars.

Finally, Professor Han Dayuan summarized the discussion of the symposium. Professor Han Dayuan commented that the symposium promoted the discussion of criminal jurisprudence in light of the food safety topic and shared the newest developing trend of criminal jurisprudence. He also emphasized the importance of interdisciplinary research. Constitution paid attention to human dignity. If citizens lacked trust in food safety, the food safety governance system and traditional legal theories needed to be improved accordingly, but it must not be at the expense of citizen¡¯s health and dignity.

The symposium of Comparative Research of Food Safety Legal System had been held successfully for several times. This symposium conducted an in-depth study of the food safety legal system from the perspective of criminal law, and provided new ideas for the development of the food safety legal system in China, Japan and South Korea.

(Editor:Han Ying)

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