How to fight a lawsuit for pesticide damage, and how to compensate farmers for pesticide damage caus

1.In accordance with the principle of voluntary mediation, organize farmers and manufacturers to conduct mediation. Due to the strong seasonality of agricultural production, mediation is generally concluded within one month from the date of the formation of the appraisal opinion.

If mediation fails, it shall be terminated in a timely manner. 2.After reaching a mediation agreement, a pesticide dispute mediation agreement shall be prepared, indicating the pesticide investigation process, appraisal results, mediation matters and the results of the agreement.

The conciliation statement shall be signed by both parties and served on both parties. 3.If the mediation is terminated or cannot be enforced after the mediation agreement takes effect, the parties may file a lawsuit with the people's court.

4. If the pesticide distribution unit manufactures and sells fake and inferior or seriously illegal pesticides and causes serious harm, in addition to bearing the liability for compensation, it shall also be given an administrative punishment, and if the circumstances are particularly serious, it shall be transferred to the public security department for processing.

Legal analysis: 1. The plaintiff filed a lawsuit with the court.

2. After the court accepts the case, it will serve the plaintiff with a notice of acceptance and a summons, and notify the plaintiff to pay the fee; Serve the defendant with copies of the complaint and evidentiary materials, summonses, etc.

3. The court shall hear and mediate or adjudicate in accordance with the law.

4. If the parties are not satisfied with the judgment, they may appeal within 15 days, and the court at the next higher level will retry the case and mediate or make a judgment.

5. If one party fails to perform the effective legal documents, the other party may apply to the court for enforcement.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Summary. 1. Organize both farmers and manufacturers to mediate in accordance with the principle of voluntary mediation. Due to the strong seasonal characteristics of agricultural production, mediation is generally concluded within one month from the date of the formation of the appraisal opinion. If mediation fails, the mediation shall be terminated in a timely manner.

2. After reaching a mediation agreement, make a mediation agreement for drug harm disputes, indicating the drug harm investigation process, appraisal results, mediation matters and the results of the agreement. The mediation agreement shall be signed by both parties and served on both parties.

3. If the mediation is terminated after the mediation fails or the mediation agreement cannot be executed after it takes effect, the parties shall file a lawsuit with the people's court.

4. If a pesticide distribution unit produces or sells counterfeit or shoddy or seriously illegal pesticides that cause serious drug damage, in addition to being liable for compensation, it shall also be given an administrative penalty, and if the circumstances are particularly serious, it shall be transferred to the public security department for processing.

How to fight a pesticide lawsuit.

1. Organize both farmers and manufacturers to mediate in accordance with the principle of voluntary mediation. Due to the strong seasonal characteristics of agricultural production, mediation is generally concluded within one month from the date of the formation of the appraisal opinion. If mediation fails, the mediation shall be terminated in a timely manner.

2. After reaching a mediation agreement, make a mediation agreement for drug harm disputes, indicating the drug harm investigation process, appraisal results, mediation matters and the results of the agreement. The mediation agreement shall be signed by both parties and served on both parties. 3. If the mediation is terminated after the mediation fails or the mediation agreement cannot be executed after it takes effect, the parties shall file a lawsuit with the people's court.

4. If a pesticide distribution unit produces or sells counterfeit or shoddy or seriously illegal pesticides that cause serious drug damage, in addition to being liable for compensation, it shall also be given an administrative penalty, and if the circumstances are particularly serious, it shall be transferred to the public security department for processing.

If you directly file a lawsuit, you can first collect evidence and then go to the court to file a lawsuit, and clearly write down the cause and result in the complaint, and go through the normal judicial procedure.

Summary. If the pesticide quality is substandard and the crop is not harvested, you should sue the merchant who bought the pesticide or sue the manufacturer. Damages are in accordance with your damages and compensation for damages.

If the quality of the pesticide is substandard and the harvest is out of order, you should sue the merchant who bought the pesticide or sue the manufacturer. Damages shall be compensated according to the damages and damages that you have clearly lost.

For the problem of pesticides, at this stage, there are two main reasons, one is due to the seller selling fake pesticides, and the other is due to the improper use of the buyer, that is, our growers. 1. Since there is no doubt that the seller sells counterfeit pesticides, if the use of fake pesticides causes drug damage or major losses, it is directly related to the seller, and the Yunchi family must use the law to protect their rights. 2. Pesticide damage caused by improper use by growers.

Regarding the problem of improper use of drugs, the teacher made an analogy, just like people taking the wrong medicine, does it have anything to do with the hospital? For example, the medicine that a farmer bought in an agricultural material store is now harmful to strawberries, but he has not found a dealer who sells pesticides, why? Because he was sleepy and knew that it was due to his own reasons, he took the medicine when the temperature of the greenhouse was 30 degrees Celsius.

We all know that when the temperature is higher than 27 degrees Celsius, the use of pesticides is easy to cause harm. Do you say that this situation has anything to do with the seller? No, but if you insist on taking advantage of it and bargaining, it is that he didn't tell you how to use it!

Then there was a drug hazard, and the retailer was also responsible. Of course, at this time, there is a feeling of being vexatious. Third, then if there is a problem with the use of pesticides, who will bear it, and does the state have relevant regulations?

Of course, since the latest revision of the "Pesticide Management Regulations" in 2017, it has been clearly stipulated that pesticide producers, operators and users who produce, operate or use pesticides in violation of laws and regulations must be held liable. If the circumstances are serious and constitute a crime, Zhi Nian must also be investigated for criminal responsibility in accordance with law.

There is no specific compensation standard, it depends on your actual situation.