Talk about the accountability for cutting down trees indiscriminately

Many people feel aggrieved. They planted the tree themselves, so why does it constitute a crime to cut it down?

According to the provisions of the Forest Law, if illegal logging or indiscriminate logging of forests or other trees constitutes a crime, criminal liability shall be pursued in accordance with the law.

my country’s criminal law stipulates that those who illegally cut down forests or other trees in relatively large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the quantity is huge, they shall be sentenced to not less than three years and seven years in prison. A fixed-term imprisonment of not more than three years and a fine; if the quantity is particularly huge, he shall be sentenced to a fixed-term imprisonment of not less than seven years and a fine; if the quantity of forest or other trees is deforestation is relatively large, he shall be sentenced to a fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined. Or a fine alone; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

It can be seen that "cutting down trees" may constitute a crime involving two crimes: one is the crime of illegal logging, and the other is the crime of indiscriminate logging. Among them, the crime of indiscriminate logging involves logging trees owned or managed by the unit and the individual, while the crime of illegal logging involves logging trees owned by the state, collectives or others.

Depending on the circumstances of the crime, the degree of punishment is also different. According to judicial interpretation, for the crime of illegal logging, "large quantity" refers to two to five cubic meters or one hundred to two hundred saplings; "huge quantity" refers to twenty to fifty cubic meters or The starting point is one thousand to two thousand saplings; "extremely large quantity" refers to one hundred to two hundred cubic meters or five thousand to ten thousand saplings.

For the crime of deforestation, "large quantity" refers to ten to twenty cubic meters or 500 to 1,000 saplings; "huge quantity" refers to fifty to one One hundred cubic meters or 2,500 to 5,000 saplings is the starting point.

If "cutting down trees" does not reach the level of a crime, administrative penalties will be imposed. According to the provisions of the Forest Law, those who illegally cut down forests or other trees shall compensate for losses in accordance with the law; the forestry department shall order the forestry authorities to replant dozens of trees that are illegally cut down, confiscate the illegally cut down trees or the proceeds from selling them, and impose a fine of three times the value of the illegally cut down trees. A fine of not less than 10 times but not more than 10 times; for indiscriminate deforestation of forests or other trees, the forestry administrative department shall order the replanting of trees with five times the number of indiscriminately cut trees, and shall also impose a fine of not less than two times but not more than five times the value of the indiscriminately felled trees; refusing to replant If trees or replanting do not comply with relevant national regulations, the forestry authorities will replant them on their behalf, and the necessary fees will be paid by the offender.

If trees are cut down indiscriminately within the community, administrative penalties will be imposed in accordance with the provisions of the Forest Law.

Trees within the community are also protected. Owners are not allowed to cut them down at will. When it comes to handling related matters, they can directly call the police or be punished by the administrative department. If it involves serious crimes, If you commit a crime, you still need to sue to the court for judgment. The specific circumstances will be determined by the court.

According to the provisions of the "Interpretations on Several Issues Concerning the Application of Law in Handling Illegal Logging and Indiscriminate Deforestation Cases" issued by the Supreme People's Court and the Supreme People's Procuratorate on September 5, 1987: "larger quantities" Starting point, in forest areas, illegal logging can generally be controlled at 2 cubic meters to 5 cubic meters or 100 to 250 saplings; in non-forest areas, illegal logging can generally be controlled at 1 cubic meter to 2.5 cubic meters or 50 saplings. 125 strains.

In practice, if forest trees are illegally felled, the forestry department of the people's government at or above the county level shall order the forestry department of the people's government at or above the county level to replant trees that are not less than one time but not more than five times the number of illegally felled trees in the same place or in another place within a time limit, and shall be punished for illegally felling. A fine of not less than five times but not more than ten times the value of the forest trees shall be imposed. If trees are felled indiscriminately, the forestry administrative department of the people's government at or above the county level shall order the replanting of trees with more than one time but not more than three times the number of trees that have been cut down in the same place or in another place within a time limit, and may impose a fine of not less than three times but not more than five times the value of the trees that were cut down indiscriminately.