The Supreme Court issued a typical case of "cracking down on agricultural means of production"
2023-03-14
At present, all parts of the country are seizing the agricultural season. It is reported that 18.8% of the early rice seedlings have been raised nationwide, and the spring cultivation production has started well. Spring ploughing and spring sowing, agricultural means first. The quality and safety of agricultural materials are related to the overall situation of agricultural efficiency, farmers' income and rural stability. In order to further complete the trial of "cracking down on fake agricultural materials" in 2023, punish the crime of making and selling fake and inferior agricultural materials according to law, effectively safeguard the interests of farmers and ensure national food security, the Supreme People's Court recently released three typical cases of "cracking down on fake agricultural materials". In recent years, the people's courts at all levels throughout the country have always adhered to the principle of taking the people as the center, attached great importance to the trial work of "cracking down on fake agricultural materials", insisted on strictly punishing all kinds of crimes against farmers and harming agriculture, such as the production and sale of fake and inferior pesticides, veterinary drugs, fertilizers, seeds, etc., punished a number of criminals, and increased the punishment of property according to law, effectively deterred the crime of making and selling fake and inferior agricultural materials. At the same time, we should pay attention to the use of judicial means to strengthen the recovery of stolen goods and damage, and resolve social conflicts. With regard to civil cases such as agricultural means licensing infringement, the national courts have innovated litigation service measures, relying on the construction achievements of smart courts, opened up a green channel for cases involving agricultural means, and implemented them quickly. At the same time, the Supreme People's Court, either alone or jointly with the relevant departments, has issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases against Food Safety, the Guiding Opinions on Further Strengthening the Criminal Trials Related to Seeds, and the Guiding Opinions on Protecting the Intellectual Property Rights of the Seed Industry and Cracking Down on the Infringement of Counterfeit and Counterfeit Trademark and Creating a Good Environment for the Revitalization of the Seed Industry to further clarify and punish the crimes of agricultural means of production The judgment standards for the trial of agricultural means of production cases, such as clarifying the conviction and punishment standards for the addition of banned drugs to pesticides, veterinary drugs and feed products, and how to identify the illegal and criminal acts of illegal seeds of illegal licensing infringement, continue to meet the new needs of the legal protection of agricultural means of production in the new era. Recently, the Supreme People's Court, together with the Ministry of Agriculture and Rural Affairs and other departments, is studying and formulating the Measures for the Linking up of Administrative Law Enforcement and Criminal Justice in the Field of Quality and Safety of Agricultural Products, jointly carrying out the three-year action of "combating illegal and controlling drug residues and promoting improvement" for edible agricultural products, actively participating in the comprehensive governance and source governance, and jointly forming a joint force with the relevant departments to "crack down on fake agricultural materials". Good planting will lead to abundant grain, and safe grain will lead to the safety of the people. In the next step, the Supreme People's Court will guide local people's courts at all levels to effectively play the role of adjudication, adhere to the strict punishment of agricultural means crimes according to law, ensure food security, promote agricultural production, farmers' income and rural stability, and provide a strong judicial guarantee for promoting agricultural and rural modernization and accelerating the construction of a strong agricultural country. Case 1: Li Mou's case of producing and selling fake and inferior products - brief case of producing and selling unqualified pesticides without production and operation qualification The defendant Li Mou does not have the qualification of pesticide production and operation. From September 2020 to September 2021, Mr. Li fabricated the business license of a Qingdao Biotechnology Co., Ltd., purchased filling machines and other equipment, refilled the purchased low-concentration pesticides as high-concentration pesticides, and made labels and instructions to produce more than 30 kinds of pesticides. In order to sell the above pesticides, Mr. Li rented a house as an office in a residential area of Huaiyang District, Zhoukou City, Henan Province, and recruited Mr. Guo, Mr. Feng and others to
Edit：Ying Ying Responsible editor：Shen Chen
Source：rmfyb.chinacourt.org
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