On January 8, the Guangdong Provincial High People's Court released 10 typical cases of service guarantee "Millions of Projects", mainly involving cracking down on fake and shoddy agricultural materials in production and marketing, protecting basic farmland, resolving disputes over rural land transfer, guiding the healthy development of poverty alleviation industries, guarding ecological civilization and improving the living environment.
Since last year, Guangdong courts have given full play to their adjudication functions, properly adjudicating more than 4,000 disputes involving new forms of business such as the guarantee of agricultural development factors, urban and rural economic circulation, and industrial transfer, as well as disputes involving the "three rural" areas, in accordance with the law, and ensuring the "Millions of Projects" with high-quality trial services.
In the case of Yang's production and sale of counterfeit and shoddy pesticides, between September and December 2020, Yang hired Zhu to sell homemade counterfeit and shoddy pesticides to farmers in Zengcheng. On December 17, 2020, Zhu was seized, and among the pesticide products seized at his residence, 162 bottles were identified as substandard pesticides, with a value of 1More than 70,000 yuan, another value of 3More than 90,000 yuan of fake and shoddy pesticides (containing ** phosphorus ingredients of Xingrui dinotefurin, value 1.)More than 60,000 yuan) has been sold. On December 6, 2022, Yang was arrested at his residence in Huadu District, and among the large number of pesticides seized, 2,628 bottles (barrels) were substandard pesticides, worth more than 250,000 yuan, and some of the goods sold were worth 3More than 60,000 yuan. On April 12, 2023, the public prosecution filed a public prosecution for the crime of producing and selling fake and shoddy products with an attached civil public interest lawsuit, requesting that Yang be ordered to bear the liability for compensation according to 3 times the sales of the fake pesticide xingrui clothianidin, and publicly apologize.
The effective judgment of the Zengcheng District People's Court of Guangzhou Municipality held that Yang's behavior had constituted the crime of producing and selling fake and shoddy products, and sentenced him to 2 years imprisonment and a fine of 180,000 yuan. In addition, Yang violated the relevant provisions of the state, produced and sold fake and shoddy pesticides without permission, and detected ** phosphorus prohibited for use on vegetables in the pesticides he produced and sold, endangering the quality and safety of agricultural products, causing damage or risk of damage to the body of unspecified consumers, infringing on the public interest, and sentenced Yang to compensate for losses 4more than 90,000 yuan, and publicly apologized.
The production and sale of counterfeit and shoddy pesticides seriously affects food security and harms the health of the people. According to the judge, the case adheres to the "zero tolerance" judicial attitude, severely cracks down on the production and sale of counterfeit and shoddy pesticides in accordance with the law, and sentences the perpetrator to bear civil liability such as punitive damages and formal apologies, so that he pays a "double" legal price, demonstrating the warning and deterrent effect of justice.