How is it judged to cut down national first-class protected plants?

If the crime of illegal felling of plants under special state protection is constituted, criminal responsibility shall be investigated according to the crime of illegal felling of plants under special state protection.

The crime of illegal logging and destruction of plants under special state protection refers to the act of illegal logging and destruction of plants under special state protection in violation of the provisions of the Forest Law. The main characteristics of this crime are that the subjective aspect is intentional, that is, knowing that it is a plant under special state protection; Objectively speaking, it is a violation of the provisions of the forest law and illegal logging of national key protected plants.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources in 2000, the objective aspects of the crime of illegal logging of plants under special state protection include illegal acts such as collecting seeds, tapping fat, digging bamboo shoots, digging roots and peeling. , in which Article 2 of the Interpretation stipulates 1.

"Illegal logging of more than two plants in precious trees or destruction of precious trees, resulting in the death of more than three plants in precious trees" is a crime of illegal logging and destruction of precious trees, and should be convicted and punished.

Extended data:

Object elements of the crime of illegal logging and destruction of plants under special state protection;

The object of this crime is the national forestry management system. Including forest area, distribution, afforestation, tree species planning, forest harvesting and other forestry management systems. These systems are represented by forest law, including other countries' forest protection laws and regulations and local forest protection laws and regulations.

The state implements the policy of strengthening protection, active development and rational utilization of plants under special state protection. At the same time, the state also protects the legitimate rights and interests of all units and individuals that use, manage and manage plant resources under special state protection. All units and individuals have the obligation to protect plants under special state protection.

It is forbidden to cut down and destroy plants under special state protection. If it is necessary to cut plants under special state protection for scientific research, artificial cultivation and cultural exchange, it is necessary to apply for a cutting license from the relevant authorities in the State Council.

Units and individuals that cut plants under special state protection must collect them in accordance with the types, quantities, locations, time limits and methods specified in the cutting license. Failing to apply for a cutting license or a cutting license, or failing to cut plants under special state protection in accordance with the specified species, quantity, place and time limit, which seriously violates the national forestry management system and damages the natural environment.

Baidu Encyclopedia-Crime of illegal logging and destruction of state key protected plants