On the Administrative and Judicial Identification Standards and Convergence of False and Inferior Seeds

Seed is the ’chip’ of agriculture. Cracking down on fake and shoddy seeds is an important measure to guarantee seed quality and safety and strengthen the protection of variety rights. ’Seed Law of the People’s Republic of China’ and ’Criminal Law of the People’s Republic of China’ respectively stipulate the administrative and judicial standards of false and bad seeds, because of the difference in the nature of administrative illegal and criminal illegal, the connotation of the two are not one-to-one correspondence. Through the analysis of the nature, characteristics and application of the administrative identification standards and judicial identification standards, based on the relative independence of judicial identification standards, the judicial transfer standards of false and bad seed administrative cases were clarified, and the connecting channels of execution were smooth.