**|Urban Live Original
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Mr. Wang is from Xiangxi, Hunan.
Previously, he and two fellow villagers rented hundreds of acres of land in Nanchang to grow baby cabbage.
But a few months passed.
They found that baby cabbage could not be rolled up at all.
All put in the water.
For such a result.
Mr. Wang: They think there is a reason for this.
More than 300 acres of land rented by Mr. Wang and others are located in the Henghu Modern Agricultural Science and Technology Park of the Nanchang Academy of Agricultural Sciences. Last summer, they saw the planting ** posted by Beijing Lifeng Agricultural Development on Douyin, and then got in touch with the company's legal person, Mr. Zeng, and the two sides later reached an intention to cooperate in planting baby cabbage.
Grower Mr. Wang: He said that there is a professional technical team and sales team, and he said that we don't have to worry about this part of technology and sales, you just need to plant the land and plant the land well, including fertilization and irrigation, we all buy it from him.
Mr. Wang said that Beijing Lifeng Agricultural Development claims to have cooperative planting bases in many places across the country, and more than 300 acres of land in Henghu Modern Agricultural Science and Technology Park of Nanchang Academy of Agricultural Sciences is one of them, which is mainly used to grow baby cabbage in winter leisure. Mr. Wang's two partners had leased land for vegetable planting before, and seeing that the other party was quite powerful, the three of them decided to start work immediately. Beijing Lifeng Agricultural Development Co., Ltd. provides land leasing, seeds, fertilizers, machinery and other services, and Mr. Wang has invested nearly one million yuan before and after. On October 7 and November 23 last year, two batches of baby cabbage seedlings were transplanted to the Henghu Modern Agricultural Science and Technology Park, and the variety was named "Zhufeng No. 7".
Grower Mr. Wang: Beijing Lifeng Agriculture told us that this baby cabbage is "Zhufeng No. 7", the cycle is about 55 days, so far it has been more than 100 days, according to what he said is 55 days we will harvest, we also asked him in the process of raising seedlings, just say what seedlings you raised for us, for example, which season or something asked him, he only told us that the seed is coded, you can rest assured that there is absolutely no problem.
However, with the passage of time, the baby cabbage in the field was still green, and there was no sign of heart, Mr. Wang and others saw it in their eyes and were anxious, so they went to Mr. Zeng to ask what was going on.
Grower Mr. Wang: We said that there was a problem with the seeds, and then he may have been in a hurry, so he took out the seeds and showed them to us, and after reading them, we found that he was only sending the front of the bottle and can, and then we went to see the instructions on the back of the bottle, which obviously said that it was suitable for the seasonal climate of the planting area, and the middle and lower reaches of the Yangtze River began to be sown in ** month, and was harvested in November, which was the vegetable to be harvested in November, not the vegetable to be transplanted in November, so we are now bloodless.
It was not a wintering seedling, but it was sown and transplanted after the harvest period, and Mr. Wang felt cheated. Later, they repeatedly approached Mr. Zeng to negotiate remedies and compensation, but the other party ignored him.
Farmer Mr. Wang: **There is only such a big baby cabbage, which has been mossed and is useless and discarded. In the past, growing vegetables has never been like this, and there is almost no such phenomenon of this harvest, you say that the yield is reduced, because of natural and man-made disasters to reduce the yield, but the harvest seems to have never been seen.What should I do if I don't sign a contract because of a dispute over the reason for the rejection?
After months of hard work, in exchange for a void, Mr. Wang believes that this is caused by the untimely planting, and Beijing Lifeng Agricultural Development has an unshirkable responsibility.
On February 23, the urban reporter dialed Mr. Zeng, the legal person of Beijing Lifeng Agricultural Development, and said that the problem was the climate.
Mr. Zeng, Beijing Lifeng Agricultural Development Co., Ltd.: Growing vegetables has an impact on climate change, cultivation technology, water and fertilizer, this thing has nothing to do with me, we grow vegetables by ourselves, because I myself are completely in line with the climate and conditions of previous years, but last year after extremely bad weather, resulting in my own planting so much, I also lost, right, not that I sold people, people can't get me trouble, then I find trouble with whom.What is the reason for the failure of baby cabbage? Both sides have their own opinions. Since there is a dispute, then act according to the contract? But Mr. Wang said they did not sign a contract. Previously, Mr. Zeng had only shown them a land lease agreement with Nanchang Yueshui Agricultural Development. The land was real, and they thought they could relax and grow vegetables, but they didn't expect this to happen.
Mr. Zeng, a legal person of Beijing Lifeng Agricultural Development Co., Ltd.: Nanchang Yueshui Agricultural Development Co., Ltd. rented the Academy of Agricultural Sciences, and it was subleased to me, and I was a third party. I don't have any written contract with each of the growers, not at all, it's all voluntary. No one holds something against you, so you have to plant this, you want to plant it yourself, and you have to admit it when you plant it, and it has nothing to do with me. I didn't sign a contract and didn't have any legal basis.
Grower Mr. Wang: Beijing Lifeng Agriculture is not a professional vegetable grower, it is irresponsible, with a form of deception to get us in, with our hard-earned money here, as if to do experiments for it.The land lease agreement states that the use period of the baby cabbage land is from October 20 of each year to February 28 of the following year, and the lease period has expired, so they can only leave these worthless baby cabbage silently?
Nanchang Academy of Agricultural Sciences Henghu Modern Agricultural Science and Technology Park Management Center Relevant person in charge: Now the field can not be allowed to be idle, we have found some units to come over, let them develop and utilize these winter idle fields. We don't know what this Lifeng company is, we only know Yueshui Company, we won't care so much about the specific operation, those agricultural workers do things there, it's their company's behavior. We don't know much about what they do.Communication records and transfer vouchers can be used as evidence for farmers to make this claim.
As the saying goes, empty words have no evidence, and words are proof. But Mr. Wang and others didn't sign the contract, and now that there is a problem, and the two sides insist on their own words, what should they do?
Article 469 of the Civil Code provides that the parties may conclude a contract in written, oral or other forms. Mr. Wang told reporters that although they did not sign a written contract with Beijing Lifeng Agricultural Development, the communication and transfer records of both parties are still there, so can these be evidence to solve the problem?
To this end, the reporter helped consult a lawyer. The lawyer said that although the farmer did not sign a corresponding contract with Beijing Lifeng Agricultural Development, it can be seen from the relevant chat records and payment records that the two parties are in a cooperative relationship. In addition, through the corresponding materials and the description of the baby cabbage seed bottle, it can be clear that the seeds need to be cultivated and planted in the month and harvested in November.
Lawyer Xiao Jie: Therefore, in judging the fault of this matter, we believe that the agricultural development company is obviously at fault, that is, he did not cultivate the seeds in accordance with the instructions for use. If the loss is caused by the fault of the agricultural company, then we should compensate the farmers accordingly.Lawyer Xiao said that for the majority of farmers, in the process of cooperation or contracting with agricultural companies or others, they should try to adopt the form of written agreements, and at the same time, they must be more cautious and careful in the use of seeds.
Lawyer Xiao Jie: You can purchase through the corresponding formal channels, we will have corresponding seed stations in various places, and some agricultural departments, you can obtain corresponding formal channels from them to purchase some seeds or seedlings.Regarding the current situation of Mr. Wang and other growers, the lawyer suggested that the relevant evidence could be fixed, and agricultural experts should be asked to analyze and identify the reasons why the baby cabbage could not be rolled up.
Lawyer Xiao Jie: For farmers, they can now fix the relevant evidence, or ask the corresponding agricultural experts to conduct an appraisal analysis of the product that it has no way to roll up now, what causes it, and finally by fixing their own evidence, they can submit corresponding claims to our agricultural development company, and suggest that our farmers negotiate with the agricultural development company. If it is said that negotiation is not possible, the corresponding judicial means can be adopted.