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《中华人民共和国种子法》(以下简称《种子法》)实施以来,极大地推动了我国种业的发展,但是也出现了一些不容忽略的问题。据可靠资料统计,几年来农业部已查处、通报的大案要案有10多起,收到的举报案件3000余件,各地种子管理部门收到、查处的案件达6万余件。举报到农业部的种子案件,绝大部分都与中小公司经营不合法有关。许多小公司钻法律空子,抓住种子管理部门跨区办案不便的弱点,将不合法种子装在合法的包装袋中跨区域销售,或者刊登虚假广告,利用邮寄手段坑害农民,搅乱国内种子市场。这说明种子市场秩序还没有理顺,也说明当前种子监管力度不够,种子管理还存在一定的缺憾。当前全国各省种子管理部门对流通在辖区内的种子,只要其包装标签符合《种子法》的要求,一般予以默许。这种管理方式的基础是种子标签真实制,优点在于能够确保种子在全国范围内自由流通,也是成熟种子市场的制度保证。发挥其管理效力的前提条件是种子经营者素质高,信誉好,守法经营,善于自律,种子市场规范、有序,公平竞争。各地不断出现的种子案件表明,我国的种子市场还没有发育成熟,许多
Since the implementation of the “Seed Law of the People’s Republic of China” (hereinafter referred to as the “Seed Law”), the development of seed industry in our country has been greatly promoted, but some issues that can not be ignored have also emerged. According to reliable statistics, in recent years, the Ministry of Agriculture has investigated and reported over 10 major and serious cases and received more than 3,000 reported cases. The seed management departments around the country received and investigated over 60,000 cases. Reported to the Ministry of Agriculture seed case, the vast majority of small and medium-sized companies are not legitimate business. Many small companies drilled the law loopholes. They seized the weaknesses in the cross-border handling of cases by the seed management agencies, sold illegitimate seeds in legitimate bags in different regions, or advertised fake advertisements. They pitged peasants by mail and disrupted the domestic seed market. This shows that the seeds of the market order has not been straightened out, but also shows that the current lack of seed regulation, seed management, there are still some shortcomings. At present, the seed management departments of all provinces in the country generally give tacit approval to the seeds that are circulating in their jurisdiction as long as their packaging labels meet the requirements of the “Seed Law.” The basis of this management method is the real system of seed labels. The advantage of this method is that it can ensure the free flow of seeds throughout the country and is also the institutional guarantee for the mature seed market. The prerequisite for exerting its management effectiveness is that the seed managers have high quality, good reputation, law-abiding management, self-discipline, standardized seed market, orderly and fair competition. The continuing emergence of seed cases in various parts of the country shows that the seed market in our country has not yet matured and many