Research On Damages For Seed Quality Problems

Seed is an important means of agricultural production,full of farmers' hope and bearing agricultural security.Therefore,in order to protect the rights and interests of Chinese farmers and agricultural safety,and also to promote the healthy development of China's seed industry,the problem of seed quality should be highly valued,and the amount of damages caused by seed quality problems should be more clear.However,China's seed quality problems and the resulting damage compensation disputes occur from time to time,but the amount of damage compensation is treated differently in different cases,and as a result,it is difficult for farmers to obtain effective protection of their rights and interests,agricultural security is threatened,and the development of seed industry is obviously affected.In the process of promoting the construction of the rule of law,China has issued or revised relevant laws and regulations,so the seed legal system gradually formed.The seed law of the People's Republic of China(hereinafter referred to as the seed law)and relevant local legislation on seed quality problems and damages were involved,especially the seed law article 46 the seeds of damages the quality problem for the enumeration of regulation,and the compensation main body responsibility,damages on the seed quality problems in provides a more clear direction.In addition,China's contract law,product quality law and other relevant laws have relevant provisions on the compensation amount for damage caused by seed quality problems.In recent years,the relevant judicial cases of compensation amount for damage caused by seed quality problems have also received attention.However,while promoting the solution of the problem of compensation for damage caused by seed quality problems,judicial adjudication also affects the legal effect and social effect of judicial adjudication due to the difference of compensation amount in individual cases.Therefore,it has become an important content to effectively solve the dispute of seed quality in China to review the legislation of the compensation amount for seed quality problems.The current laws and regulations fail to define the "seed quality problem" in article 46 of the seed law,that is,the concept of "seed quality problem" is vague,which makes it impossible for judges to apply it directly.The amount of compensation stipulated in this law includes the purchase price,the loss of available interests and other losses.The standard of "loss of available interests" has not been unified across the country,and the specific calculation method has not been seen."Other losses" is in conflict with the provisions of article 113 of the contract law on the scope of damages.There is no evidence in the contract law that the party in breach of contract shall compensate for "other losses",while the seed law obviously expands the amount of damages.The conflict in the application of law is worth exploring.In the case of compensation for seed quality problems,most situations lead to seed users to reduce production or reseed,but not without harvest.In this case,full compensation for the purchase price and other losses is likely to constitute the debt of unjust enrichment.In addition,practical obstacles such as inadequate compensation capacity of seed producers and sellers aggravate the unequal status of the buyers and sellers of seeds,making it difficult for farmers to timely make up for losses and get effective relief.In order to improve the legal system of seed quality in China,the law of China needs to clarify the amount of damages for seed quality problems and ensure the effective realization of damages by means of risk diversification.To be specific,the damage compensation amount of seed quality problem in China should adopt the principle of limitation.Based on the principle of limitation,the calculation method of available benefits should take the priority of promised yield and average output value of three years.At the same time,the specific calculation of compensation for seed purchase price,other losses and related costs should be made clear.In particular,different compensation scope should be applied in the two situations of production failure and production reduction.The compensation amount should be paid according to the actual loss suffered by seed users when production reduction or reseeding is changed.In addition,on the basis of clarifying the amount of damages for seed quality problems,the liability insurance system for seed quality problems should be established to ensure the specific implementation of damages,fully protect farmers' rights and interests,and meanwhile disperse the risks that seed operators may bear.