Abstract:
Article 147 of criminal law of our country provides the principle for the crime of producing and selling fake and inferior seeds, but the cases in judicial practice are complicated, and there were certain difficulties in the specific judicial identification of this crime. Taking a typical case of the Supreme People’s Procuratorate as an example, in the concrete cognization of this crime, crime subject aspects needed to consider seriously unit accomplice and individual accomplice, crime subjective aspect needed to overcome the defects confirm proof, indirect evidence in examining a case, according to the difference with other crimes of infringing the crime object, loss of agricultural production needed to be identified with comprehensive appraisal materials. The objective aspects of crime needed to identify the relationship between one crime and several crimes according to the criminal behavior and correctly identify fake and inferior seeds according to different legal norms.