Taking Cases as a Lesson to Build a Strong Line of Defense for Food Security
2025-10-17
Cang Ding Shi, the world is safe. In recent years, there have been frequent incidents of counterfeit fertilizers, seed infringement, and encroachment on farmland that pose a threat to food security. In February 2023, the defendants Zhang and Si gathered more than ten people, including defendant Li, to sell fertilizer under the name of compound fertilizer in multiple locations, knowing that the packaging bags they purchased from defendant Jiao were compound fertilizer (labeled as nitrogen, phosphorus, and potassium ≥ 18%) and were actually nitrogen fertilizer. The sales team has a clear division of labor, with different personnel responsible for promoting to the countryside, lobbying farmers to attend classes, "expert lectures," coordinating shipments, handling inspections by management departments, registering payments, and delivering goods to households. Through free banquets, gift giving, and other methods, they advertise that the compound fertilizer they sell has high nitrogen, phosphorus, and potassium content, is a high-quality and efficient fertilizer, and induce farmers to purchase it. The total sales amount is over 1.77 million yuan. It was also found that Jiao's sales amount was over 870000 yuan. After inspection, the nitrogen, phosphorus, and potassium content of the fertilizers involved in the case do not meet the standards and are therefore unqualified products. After trial, the court sentenced the defendant Zhang to 11 years in prison and fined him RMB 900000 for the crime of selling counterfeit and inferior products; The defendant Si was sentenced to nine years' imprisonment and fined RMB 900000; The defendant Jiao was sentenced to six years in prison for the crime of producing and selling counterfeit products, and Li and others were punished with imprisonment ranging from five to two years and fined. Some of the defendants were granted probation. According to the case, the agricultural inputs' manipulation group 'is well-organized, with clear division of labor and strong deception, and operates in rural areas. Criminals use small favors to attract farmers to attend "lectures", pretend to be experts to recommend fake and inferior agricultural materials, and use discount promotion tactics to cheat money. Farmers need to be vigilant and carefully select agricultural inputs to prevent being deceived. Cultivating good varieties is not easy, and infringement will be severely punished. In May 2023, the Agriculture and Rural Bureau of Yichun City, Jiangxi Province received a report from a company called Huimou, stating that the "YunN" rice seeds produced by Yamou Seed Industry Co., Ltd. infringed on the "19X" variety right. After testing, "Yun N" is the same variety as the authorized variety "19X". After investigation, it was found that Ya Company did not obtain authorization from the "19X" variety owner to produce 15625 kilograms of rice seeds of this variety and sell them to Wo Company at a sales price of 9.6 yuan/kg and a sales amount of 150000 yuan. Wo Company will sell the purchased rice seeds throughout Jiangxi Province. After investigation and mediation, the Agricultural and Rural Bureau of Yichun City, in accordance with the relevant provisions of the Seed Law of the People's Republic of China, ordered the party, Ya Mou Company, to stop infringing and imposed a fine of 75000 yuan, which is 10% of the minimum legal fine (five times the value of the goods). Yamou Company will compensate the infringed party for all illegal gains. Using the case as evidence, the seed industry has infringed upon the rights and interests of variety rights holders, disrupted market order, and may even lead to production accidents. In practice, a new type of infringement model that combines counterfeit infringement and mixed selling of real and fake products occurs from time to time. We call on consumers to choose business units with complete licenses and good reputation to purchase seeds, and to report counterfeit and shoddy products in a timely manner. In May 2023, the public security bureau of Xiaochang County, Xiaogan City, Hubei Province, investigated the case of Zhang Mouxiang and others illegally occupying agricultural land in Anlu City, and captured two suspect according to the case transferred by the competent department of natural resources. According to the investigation, from August 2021 to March 2023, the suspect Zhang Mouxiang, Zuo Mouhua and others, without obtaining the land use approval procedures, constructed roads, leveled land and mined more than 200000 cubic meters of earth and stone on the agricultural land of three villages in Yushui Town, Anlu City, on the ground of developing rural cultural tourism projects, causing serious damage to the planting conditions of 203 mu of agricultural land (including 26.5 mu of permanent basic farmland, 41.5 mu of general farmland, and other forest land). In January 2024, the People's Court of Xiaochang County sentenced Zhang Mouxiang and Zuo Mouhua to four years and two months in prison and a fine of 60000 yuan, and four years and six months in prison and a fine of 70000 yuan, respectively, for the crimes of illegal mining and illegal occupation of agricultural land. The popularity of rural cultural tourism has highlighted the contradiction between land supply and demand. In the face of social capital going to the countryside, relevant units and individuals must always tighten the string of guarding the red line of arable land, engage in various constructions, use land in accordance with laws and regulations, and resolutely eliminate illegal and criminal activities such as illegal occupation and destruction of arable land. (New Society)
Edit:Yao jue Responsible editor:Xie Tunan
Source:People's Daily
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