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伪劣种子导致农作物减产或绝收,该损害赔偿责任的定性在理论和实务上有较大争议,国内外司法实践存在违约损害赔偿责任和侵权损害赔偿责任两种责任定性。英美法国家几乎都采用前一种定性方案,适用违约责任的救济规则。我国存在两种责任定性的立法和司法实践,适用合同救济规则还是侵权救济规则不甚明确。种子损害赔偿责任应定性为违约损害赔偿责任,适用违约救济的相关规则。
Fake seeds lead to the reduction of production or harvest of crops. The nature of the liability for damages is more controversial in theory and practice. There are two kinds of responsibilities of liability for breach of contract and liability for compensation for damages in domestic and international jurisdictions. Almost all the common law countries in Britain, the United States and the United States adopt the former qualitative solution and apply the remedy rules of liability for breach of contract. There are two kinds of legislative and judicial practices that have the responsibility in our country. The rules of applying contractual remedies or infringement remedies are not clear. The liability of seed damage should be defined as the liability for damage caused by breach of contract, and the applicable rules of remedy for breach of contract.