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种子是最基本的农业生产资料,种子的优劣直接关系到农民的切身利益。尽管《中华人民共和国种子法》(以下简称《种子法》)已实施5年多了,假种子、劣种子、未审定品种坑农害农事件仍有发生,个别地方还相当严重。随着农民法律意识的增强,种子经营市场的放开,种子索赔民事案件不断上升,作为农业行政主管部门协调处理种子纠纷必须面对,不可回避。该不该赔?该谁赔?赔多少?按什么赔?本文仅对赔偿构成中的可得利益一项进行研究探讨。
Seeds are the most basic agricultural means of production. The quality of the seed is directly related to the vital interests of the peasants. Although the “Seed Law of the People’s Republic of China” (hereinafter referred to as the “Seed Law”) has been implemented for more than five years, fake seeds, bad seeds and untested varieties of pits and pests have still occurred and some places are still quite serious. With the enhancement of farmers’ legal awareness, the release of the seed management market and the rising number of civil claims for seed claims, the agricultural administrative departments must handle the disputes arising from seed conflicts and must not be avoided. Should not pay? Who pay? How much? What compensation? This paper only on the composition of the compensation benefits of a study.