How to compensate for damage to other people s crops?

Rules for Compensation for Crop Damage.

1. Rules for compensation for crop damages.

1) The principle of full compensation.

Full compensation is the basic rule of tort damages, which refers to the infringement.

The extent of the perpetrator's liability for compensation shall be based on the size of the actual property damage caused by the conduct, and full compensation shall be given. In other words, the compensation is limited to the actual damage caused, and the amount of loss is the amount of compensation.

The full compensation is determined by the function of damages. Since the basic function of compensation for damages is to compensate for property losses, it is very fair and reasonable to take full compensation as the basic principle for determining the size of liability for damages.

2) The principle of property compensation.

Property compensation is also one of the basic rules of tort damages, which means that whether the tort causes property damage, personal injury or moral damage, property compensation is the only method, and no other method can be used.

The basic purpose of establishing the property compensation rule is as follows: First, for property damage, compensation can only be made in the form of property, and compensation cannot be made in any other way. Second, for personal injury, compensation can only be made in the form of property, and cannot be compensated in other ways, and it is not similar to homomorphic revenge.

way to compensate. Third, for moral damages, regardless of whether they cause economic losses, they should be compensated with property.

The affirmation of the property compensation rule is to make it clear that all damages caused by infringement must be compensated in the form of property. Proceeding from this rule, all cases of tort damages must be handled fairly and reasonably, and the principle of equivalent compensation must be embodied. The compensation received by the victim for the damage is precisely enough to compensate for the actual damage, not to compensate for the deficiency or to unjustly enrich.

At the same time, ordering the perpetrator to bear the liability for compensation is also commensurate with the damage caused by the perpetrator, and the liability for compensation cannot be excessively heavy.

3) The principle of offsetting profits and losses.

The legal characteristics of offsetting profits and losses are: First, the principle of offsetting profits and losses is the principle of debt for damages, which is applicable to all occasions when the liability for damages is determined, and is not only the rule of tort damages, but also the rules of damages for breach of contract. Second, the principle of offsetting profits and losses is the principle of determining the scope of liability for tort damages and how to bear them.

It is not a rule to settle whether the liability for damages should be borne or not, but to determine how the perpetrator should bear civil liability on the premise that the liability for damages has been determined to be borne by the perpetrator.

Rules on how much liability should be assumed. Third, the subject matter of compensation determined by the offsetting of profits and losses is the difference between the amount of damage and the amount of benefits arising from the same cause, not the entire amount of damage. Fourth, the offsetting of profits and losses shall be exercised by judges ex officio.

In litigation, the judge may apply this principle ex officio and on the basis of confirmed evidence, regardless of the parties' claims.

4) The principle of negligence.

Negligence offsetting is a rule that reduces the liability of the wrongdoer based on the establishment of negligence in the debt of damages. The principle of negligence offsets applies to torts and negligence in the same way.

Legal analysis: Check with the local land and resources bureau, refer to the following relevant regulations, if the land is expropriated, compensation will be given according to the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings.

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

**Content is not related.

Legal basis: Article 47 of the Land Management Law of the People's Republic of China If the state expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures. If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation. Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.

The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation. After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

Hope it helps!

Where the people's crops are damaged by others, they may demand compensation from the infringers. First of all, the infringer must be found, and the amount of compensation can be determined by the two parties through negotiation according to market conditions, or the price part can be entrusted to estimate the amount of crop loss caused by the infringement. If the negotiation fails, you can file a lawsuit with the court for compensation.

Intentionally using pesticides to destroy other people's crops is suspected of the crime of intentional destruction of property, and it constitutes a crime if the economic loss exceeds 5,000 yuan. Legal basis: Criminal Law of the People's Republic of China: Article 275 Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is sentenced to up to three years imprisonment, short-term detention or a fine.

Where public or private property is intentionally destroyed, where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

There is no legal provision that allows the other party to negotiate compensation based on the loss, and it is generally necessary to compensate for the damage caused by the destruction of crops.

If you damage other people's crops without reason, you will definitely have to pay compensation. The standard of compensation is calculated according to the extent of the damage and the area. According to the yield per mu, calculate the ** of the finished product to compensate.

How do you say this? Your land, for example, corn, corn yield 1,000 catties per mu, if you damage an acre of land, he can accompany you up to 1,000 catties of corn, because you have yield oil, ** are very good.

The yield should be measured according to the area of crops and the condition of the land, and the value should be calculated according to the crop yield to compensate.

If this is according to the law, the Deng family must be compensated, because this farmer is making money by pointing to this land, so it can be compensated according to the economic value of the crop.

Intentionally using pesticides to destroy other people's crops is suspected of the crime of intentional destruction of property, and it constitutes a crime if the economic loss exceeds 5,000 yuan. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. When I think of destroying crops, I think of chickens, cows, and pigs that ruined the crops of neighbors when I was a child in rural life.

So what if these things constitute a crime? Generally not, because there is no subjective intention, unless it is intentional to let the animals raised by oneself destroy other people's crops, destroy or damage the value of the crops is relatively large or other serious circumstances, it may constitute a criminal offense. If the circumstances are minor and the value of the property is small, it is generally not considered a crime.

The means and methods of destroying crops are not limited to the use of animal damage, but can also include direct damage by humans or damage by people and machines.

How are the other serious circumstances of the "relatively large amount" mentioned above judged? If the legislation falls under any of the following circumstances, then he can prosecute.

1) Causing losses of 5,000 or more to public or private property;

2) Damaging public or private property three or more times;

3) Gathering three or more persons to openly damage the property of others;

4) Other situations where the circumstances are serious.

In short, "who knows that Chinese food and grains are hard", don't deliberately destroy the crops that others have worked hard to cultivate.

Legal basis: Article 275 of the Criminal Law stipulates that anyone who intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Crops are deliberately damaged, how to protect rights.

Hello dear, what to do if the crops are destroyed in a rural land dispute. The parties may negotiate to resolve the disputes arising from the land hall and town, and sign an agreement based on the results of the negotiation; **Dispose. If the parties fail to reach an agreement through negotiation, they can find a local ** to resolve the dispute between the parties; The court filed a lawsuit.

If it cannot be handled, or if it is not satisfied with the handling, file a lawsuit with the people's court. If my answer is helpful to you, please give a thumbs up (in the lower left corner), I look forward to your like, your efforts are very important to me, and your support is also the motivation for my progress. Finally, I wish you good health and a good mood!