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近年来,因为伪劣种子造成损害而到法院投诉的案件越来越多,但在审理中许多农民朋友却不能提供有效合法的证据。因此,为防止伪劣种子带来的损害,农民兄弟应注意收集有关证据,为发生损害时提起诉讼作好准备。 (1)对购进的种子可由买卖双方取小样,并填写样品登记表,然后封存,发生损害时,可以有直接的鉴定依据。 (2)发现受害征兆,应及时确定并请责任部门鉴定,用摄影、取样等方法保留证据。某些损害后果的证据有严格的时间限制,如抽穗扬花期不一致等情况,过了期限便难以取得。 (3)通过正确方法取证,发现损害后,应请农技部门和司法部门作出鉴定结论。法律确定损害后果有一系列的科学指标,如发芽率、有效分蘖数、千粒重等标准。 (4)法律规定此类案件可以向人民法院起诉。在协商不成的情况下应及时提起诉讼,以免耽误时效和取证时间。因为责任承担人可能是间接的,由于大部分农民购买种子
In recent years, there have been more and more cases of court complaints because of the damage caused by shoddy seeds. However, many peasant friends during the trial failed to provide valid and valid evidence. Therefore, in order to prevent damage caused by counterfeit seeds, farmer brothers should pay attention to collecting relevant evidence and prepare for litigation in case of damage. (1) Selling purchased seeds can be sampled by buyers and sellers, and fill in the sample registration form, and then sealed, in the event of damage, there may be direct identification basis. (2) Found signs of victimization should be promptly identified and asked the identification of responsible departments, with photography, sampling and other methods to retain evidence. There are strict time limits for the evidence of some damage, such as inconsistencies in flowering and flowering periods, which are difficult to obtain after the expiration date. (3) After obtaining the correct evidence and discovering the damage, it should ask the agricultural technology department and the judicial department to make the appraisal conclusion. Law to determine the consequences of damage have a series of scientific indicators, such as germination rate, effective tillering number, 1000-grain weight and other standards. (4) The law provides that such cases may be brought before a people’s court. In case of failure to negotiate the case should be promptly litigation, so as not to delay the time and evidence collection time. Because responsible people may be indirect, since most farmers buy seeds