China News Service, March 2. According to the official WeChat news of the Supreme People's Court, on March 2, 2022, the Supreme People's Court issued the "Guiding Opinions on Further Strengthening the Criminal Trial Work Involving Seeds" (hereinafter referred to as the "Opinions").
The "Opinions" has a total of eight articles, making specific provisions from three aspects: strengthening the overall requirements for the criminal trial work involving seeds, clarifying the application of relevant laws, and improving the working mechanism.
The "Opinions" specify the general requirements for strengthening the criminal trial work involving seeds.
Illegal and criminal activities such as counterfeiting and selling of seeds, as well as counterfeit infringement, have seriously disrupted the market order of the seed industry, hindered the healthy development of the seed industry, and endangered the safety of national seed sources.
The "Opinions" require the people's courts at all levels to earnestly improve their political positions and have a profound understanding of the importance of further strengthening the work of criminal trials involving seeds.
It is necessary to give full play to the role of criminal trials and adhere to the basic requirements of strict punishment according to law.
In accordance with the law, increase the punishment of seed-related crimes such as counterfeiting and selling, counterfeit infringement, and destruction of germplasm resources, and strike hard to form shock and deterrence, effectively safeguard the legitimate rights and interests of seed producers, operators and users, and purify the seed industry market. Safeguard the safety of national seed sources and provide strong criminal justice guarantees for the healthy development of the seed industry.
The "Opinions" clarify the legal application of seed-related crimes.
The "Opinions" make clear provisions on the application of law to seed-related crimes: First, apply the law accurately, and severely punish the crime of producing and selling counterfeit seeds in accordance with the law.
Whoever produces and sells fake and inferior seeds, causing great losses to production, shall be convicted and punished for the crime of producing and selling fake and inferior seeds.
The production and sale of fake and inferior seeds does not constitute the crime of producing and selling fake and inferior seeds because it cannot be determined that the production suffers greater losses.
At the same time, if other crimes such as the crime of counterfeiting registered trademarks are constituted, the crime shall be convicted and punished in accordance with the provisions of heavier punishment.
Second, based on existing crimes, severely punish crimes related to seed deck infringement according to law.
When hearing a case, it is necessary to grasp the characteristics that the infringement of seed dummy often accompanies other criminal acts such as counterfeiting of registered trademarks and infringement of trade secrets. Based on the existing provisions of the criminal law, the crime of counterfeiting registered trademarks, infringement of commercial Secret crimes and other crimes, realize the legal punishment for the infringement of seed decks.
At the same time, the infringement of seed decks should be regarded as a heavier punishment, and the punishment for such crimes should be increased.
The third is to protect germplasm resources and severely punish crimes of destroying germplasm resources in accordance with the law.
Illegal collection or logging of natural germplasm resources, in compliance with the provisions of Article 344 of the Criminal Law, shall be convicted and punished for the crime of endangering plants under special state protection.
Those who carry out the above-mentioned acts in a germplasm resource bank, germplasm resource protection area or germplasm resource protection area shall be severely punished.
The fourth is to implement the criminal policy of combining leniency with strictness to ensure the effectiveness of the judgment.
If a seed-related crime is committed, and it is committed against the seeds of rice, wheat, corn, cotton, soybeans and other major crops, and has received criminal punishment for a seed-related crime, or has received an administrative punishment for a seed-related illegal act within two years, it shall be considered as appropriate. Heavily punished.
For those who are employed or entrusted to participate in the production and reproduction of seeds, comprehensive consideration shall be given to circumstances such as the degree of social harm, the status and role in the joint crime, and the performance of confession and repentance, and the punishment shall be accurately applied.
The fifth is to solve the problem of identification difficulties in accordance with the law, and accurately identify fake and inferior seeds.
For seeds that are fake, useless or substandard, or make it difficult to determine the losses suffered by production, the appraisal opinions and inspection reports issued by the legally qualified seed quality inspection institutions may be used in agriculture, rural areas, forestry and grasslands. The written opinion issued by the competent department, the field on-site appraisal issued by the seed management agency affiliated to the agricultural and rural competent department, etc., shall be determined in combination with other evidence.
The "Opinions" clarify and improve the relevant working mechanism.
The "Opinions" require that people's courts at all levels should adhere to multiple measures and improve relevant working mechanisms.
It is necessary to strengthen cooperation and cooperation with relevant departments such as administrative departments, public security organs, and procuratorial organs, establish and improve a long-term working mechanism for the connection of seed-related executions, and at the same time, it is necessary to extend the judicial function, sort out problems in a timely manner, report the situation, send judicial suggestions when necessary, and actively Participate in comprehensive management, source management, and jointly promote the healthy development of the seed industry.
The promulgation of the "Opinions" is an important measure of the Supreme People's Court to further implement the central government's decision and deployment on the revitalization of the seed industry, and it is also a realistic requirement for punishing seed-related crimes in accordance with the law and promoting the healthy development of the seed industry.
The people's courts at all levels should earnestly enhance their sense of responsibility, further strengthen the work of criminal trials involving seeds, and provide a strong criminal judicial guarantee for comprehensively purifying the seed industry market, maintaining the safety of national seed sources, and accelerating the revitalization of the seed industry.
Supreme People's Court
On further strengthening the work of criminal trials involving seeds
guidance
In order to thoroughly implement the central government's decision and deployment on the revitalization of the seed industry, punish crimes involving seeds in accordance with the law, comprehensively purify the seed industry market, maintain the safety of national seed sources, and speed up the revitalization of the seed industry, these Opinions are formulated in accordance with relevant laws and regulations.
1. Effectively improve the political position, and have a deep understanding of the importance of further strengthening the criminal trial work involving seeds.
Seeds are the foundation of agricultural modernization.
The Party Central Committee attaches great importance to the development of the seed industry, and raises the safety of seed sources to a strategic height related to national security.
Illegal and criminal activities such as counterfeiting and selling of seeds, as well as counterfeit infringement, have seriously disrupted the market order of the seed industry, hindered the healthy development of the seed industry, and endangered the safety of national seed sources.
People's courts at all levels should improve their ideological awareness, continuously enhance their sense of responsibility, improve their ability to try criminal cases involving seeds, and improve the quality and efficiency of case trials.
2. Give full play to the functions and functions of criminal trials, and adhere to the basic requirements of strict punishment according to law.
It is necessary to increase the punishment of seed-related crimes such as making and selling counterfeit products, counterfeiting and destroying germplasm resources in accordance with the law, and strike hard to form shock and deterrence, effectively safeguard the legitimate rights and interests of seed producers, operators and users, and purify the seed industry market. , to maintain the safety of national seed sources, and to provide a strong criminal judicial guarantee for the healthy development of the seed industry.
3. Accurately apply the law, and severely punish the crime of producing and selling counterfeit seeds in accordance with the law.
Those who sell seeds that they know are fake or lose their effectiveness, or where producers or sellers pass unqualified seeds as qualified seeds, causing great losses in production, shall be subject to the provisions of Article 147 of the Criminal Law. , the crime of selling fake and inferior seeds was convicted and punished.
The production or sale of fake and inferior seeds does not constitute the crime of producing or selling fake and inferior seeds because it cannot be determined that the production suffers greater losses, but the sales amount is more than 50,000 yuan, according to Article 140 of the Criminal Law. Convicted and punished for the crime of producing and selling fake and shoddy products.
At the same time, other crimes such as the crime of counterfeiting registered trademarks shall be convicted and punished in accordance with the provisions of heavier punishment.
4. Based on the existing crimes, severely punish crimes related to seed deck infringement in accordance with the law.
The counterfeiting of variety rights and seed duplication infringements such as unauthorized or out-of-entrustment production and sales of authorized varieties of seeds are often accompanied by other criminal acts such as counterfeiting of registered trademarks and infringement of trade secrets.
When trying such cases, it is necessary to grasp this feature, and based on the existing provisions of the Criminal Law, through the lawful application of the crime of counterfeiting registered trademarks, the crime of selling commodities with counterfeit registered trademarks, and the illegal manufacture and sale of illegally manufactured registered trademarks. The crime of marking, the crime of infringing trade secrets, and the crime of stealing, spying, bribing, and illegally providing trade secrets for foreign countries, realize the legal punishment of the infringement of seed decks.
At the same time, the infringement of seed decks should be regarded as a heavier punishment, and the punishment for such crimes should be increased.
5. Protect germplasm resources, and severely punish crimes of destroying germplasm resources in accordance with the law.
Illegal collection or logging of natural germplasm resources, in compliance with the provisions of Article 344 of the Criminal Law, shall be convicted and punished for the crime of endangering plants under special state protection.
Those who carry out the above-mentioned acts in the germplasm resource bank, germplasm resource protection area or germplasm resource protection area shall be punished severely as appropriate.
6. Implement the criminal policy of combining leniency with strictness to ensure the effectiveness of the judgment.
Those who commit a seed-related crime and fall under any of the following circumstances shall be given a heavier punishment as appropriate: those committed against the seeds of major crops such as rice, wheat, corn, cotton, and soybeans, who have been criminally punished for seed-related crimes, and who have committed seed-related crimes within two years If the illegal act has received administrative punishment, other circumstances should be given a heavier punishment as appropriate.
For those who are employed or entrusted to participate in the production and reproduction of seeds, comprehensive consideration shall be given to circumstances such as the degree of social harm, the status and role in the joint crime, and the performance of confession and repentance, and the punishment shall be accurately applied.
Where the circumstances of the crime are minor, criminal punishment may be exempted in accordance with the law; where the circumstances are significantly minor and the harm is not great, it shall not be punished as a crime.
7. Solve the problem of identification difficulties in accordance with the law, and accurately identify fake and inferior seeds.
For seeds that are fake, useless or substandard, or make it difficult to determine the losses suffered by production, the appraisal opinions and inspection reports issued by the legally qualified seed quality inspection institutions may be used in agriculture, rural areas, forestry and grasslands. The written opinion issued by the competent department, the field on-site appraisal issued by the seed management agency affiliated to the agricultural and rural competent department, etc., shall be determined in combination with other evidence.
8. Adhere to multiple measures and improve the working mechanism.
People's courts at all levels should strengthen cooperation and cooperation with the competent departments of agriculture and rural areas, forestry and grassland departments, public security organs, procuratorial organs and other departments, promote the establishment of professional consultation and information exchange channels, and establish and improve the long-term connection between seed-related administrative law enforcement and criminal justice. Working mechanism to effectively resolve issues such as the identification of fake and inferior seeds, the storage, transfer and handling of the items involved, and the sharing of case information.
People's courts at all levels should extend their judicial functions and participate in comprehensive governance.
Supervision issues and clues to illegal and criminal offences found in seed-related criminal trials should be reported to relevant units in a timely manner, and judicial advice should be sent when necessary to form an effective synergy, achieve source governance, comprehensively purify the seed industry market, and actively promote the healthy development of the seed industry. .