Original title: The rule of law reduces risks for the "buy green mountains" model.
In recent years, new models of agricultural product sales have emerged one after another, and the marketing of agricultural products must of course keep pace with the times. However, the new way is not necessarily the best way, whether it is suitable for you, whether you can bear the risk, both sides of the transaction should be cautious.
Buy Aoyama", have you ever heard of it? The Supreme People's Court recently released typical cases involving farmers, including a case involving the validity of a contract for the purchase of green mountains.
In recent years, a new type of agricultural product trading model called "buying Qingshan" has gradually emerged, that is, farmers will give the agricultural products that are not yet mature on the land to the buyer in advance, and the farmers will continue to perform their management obligations and hand them over to the buyer after the agricultural products are mature. To a certain extent, this model can alleviate the dilemma of purchase and sales caused by the short shelf life of fresh agricultural products, stimulate the market vitality of agricultural product trading, and play a certain role in promoting the docking of production and marketing, which is welcomed by some growers and buyers.
However, in practice, because the time of the conclusion of this transaction mode can be any node in the crop growth period, the contract does not change due to changes in crop yield, nor does it adjust with market fluctuations, and the sales contract signed between growers and buyers is usually not standardized enough. For example, when disputes occur, agricultural products are often in or near a mature state, and if the dispute cannot be resolved quickly, it is easy to deteriorate and be damaged; When the market fluctuates, some acquirers maliciously breach the contract, resulting in damage to the rights and interests of farmers.
The "buy Tsingshan" model seems simple, but it contains certain risks. On the surface, this model does not care about production and quality, and is a fixed price. However, after all, the acquirer has to go with the market when the agricultural products are acquired, and the setting of the fixed price actually depends on the expectations of both parties on the output, quality and listing. Agricultural production always has to face natural risks and market risks, and in the case of not being able to accurately predict the risks, when the two parties sign the contract, they should formulate perfect terms for rights and obligations, especially to stipulate as many details as possible.
A market economy is essentially an economy governed by the rule of law, and the agricultural economy is no exception. Once the contract is signed and takes effect in accordance with the law, both parties should abide by the contract in good faith. In the cases released this time, the people's courts have protected the honest and abiding parties in accordance with the law, and effectively maintained the order of agricultural product market transactions. The judgment of this case has a positive effect on safeguarding the legitimate rights and interests of farmers. Since then, the relevant local departments have also produced and implemented the text of the "Buy Qingshan" model contract, and jointly built a speedy and expedited adjudication mechanism for "buying Qingshan" transaction disputes, so as to ensure that buyers and sellers are organized to dispose of mature agricultural products as soon as disputes occur. This is to use the power of the rule of law to fill in the loopholes and reduce risks for the "buy green mountains" trading model.
In recent years, new models of agricultural product sales have emerged one after another, including pre-sale and purchase, farmland claim, online auction, and live streaming. It should be noted that these modes are optional, not mandatory. After all, the main channel for the circulation of agricultural products is still a similar chain of farmers, land markets, wholesale markets, terminal markets, and consumers, and the main channel is still to set prices according to output and quality. On the surface, the circulation of agricultural products in China is complicated, but the purchase and sales channels among various circulation entities are relatively stable. Of course, agricultural marketing needs to keep pace with the times, but new ways are not necessarily the best way. Whether it is suitable for you and whether you can bear the risk should be treated with caution on both sides of the transaction.
To a certain extent, growers and buyers are a community of interests, and the purpose is to make agricultural products better go to the market and achieve due value and even value-added. At the same time, there is also a game of interests between the two, which is concentrated in the purchase price of land. For a transaction model to be long-lasting, it must respect the interests of both parties. "Buy Castle Peak" is also a kind of contract, and the basic principles of signing are equality, voluntariness, fairness, integrity, law-abiding and public order and good customs. It is recommended that the time for both parties to sign the contract should be grasped well, and try to choose the time when the output and quality can be preliminarily judged. When necessary, agricultural product insurance can be introduced to enhance the ability to resist risks.
It should be reminded that no matter how the sales model of agricultural products develops, producers should always pay attention to the quality and efficiency of agricultural production. The acquirer should also reasonably assess its own capabilities, improve storage and transportation facilities, and develop cold chain and processing links according to its strength, so as to enhance its flexibility to respond to risks. (Qiao Jinliang).
*:Economy**.