How to punish the act of destroying green trees

The penalties for destroying green trees are as follows:

1. According to the Criminal Law of People's Republic of China (PRC), anyone who, in violation of state regulations, illegally cuts or destroys plants under special state protection in precious trees or other countries, or illegally purchases, transports, processes and sells other plants under special state protection and their products in precious trees shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

2, illegal felling of forests or other trees, a large number, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined. Whoever, in violation of the provisions of the Forest Law, wantonly cuts down forests or other trees in huge quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever knowingly illegally purchases or transports illegally cut trees, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.

The difference between illegal logging and deforestation is mainly manifested in the following three aspects:

1, the criminal object is different. Although the targets of both crimes are trees such as forests, their specific contents are different. In the crime of deforestation, the object of the actor's deforestation is forest and other trees with ownership or logging rights; In the crime of illegal logging, the object of illegal logging is forests and other trees that have neither ownership nor logging rights.

2. The objective aspects of crime are different. There is an essential difference between the crime of illegal logging and the crime of illegal logging objectively. Deforestation is based on violation of forest laws and regulations, and objective behaviors include holding a cutting license but not cutting according to its requirements, and arbitrarily cutting trees or other trees without a license; However, illegal logging is purely a logging behavior without a logging license. The perpetrator secretly cuts down forests or other trees without ownership without the knowledge of the owner, caregiver or competent authority. Therefore, illegal logging itself has the nature of illegal possession of trees.

3. The subjective aspects of crime are different. Although the subjective sins of the crime of illegal logging and the crime of illegal logging are intentional in form, the intentional contents of the two crimes are different. Subjectively, the crime of illegal logging can be either direct intention or indirect intention, that is, although the perpetrator did not want to cause forest damage, he did not stop it, but adopted a laissez-faire and indifferent attitude. However, the subjective aspect of the crime of illegal logging, whether direct or indirect, does not include the purpose of illegal possession of trees, while the crime of illegal logging can only be direct and intentional, and the actor subjectively has the purpose of illegal possession of trees.

To sum up, no unit or individual is allowed to change the nature of urban greening planning land or destroy the topography, landforms, water bodies and vegetation of urban greening planning land, or damage urban trees, flowers and plants and greening facilities. The urban greening administrative department of the urban people's government or its authorized unit shall order it to stop the infringement and may concurrently impose a fine.

Legal basis:

Article 20 of the Regulations on Urban Greening

No unit or individual may damage urban trees, flowers and green facilities. Cutting down urban trees must be approved by the administrative department of urban greening of the people's government of the city, and replanting trees or taking other remedial measures in accordance with the relevant provisions of the state.