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Is it illegal to cut down trees?
The alleged crimes of illegal logging include illegal logging and destruction of plants under special state protection, illegal acquisition, transportation, processing and sale of plants under special state protection and products of plants under special state protection, illegal logging and deforestation, illegal acquisition, transportation and illegal logging.
The crime of deforestation refers to the act of cutting forests and other trees on the mountain owned, operated or reserved by the unit without the approval of the forestry administrative department and other competent departments stipulated by law, or in violation of the location, quantity, tree species and methods stipulated in the cutting license.
The crime of illegal felling of trees refers to the unauthorized felling of forests or other trees owned by the state or collectives for the purpose of illegal possession, as well as the unauthorized felling of tree fragments left by others on the mountain. If it is really necessary to cut down trees, it must be approved by the forestry administrative department and other competent departments stipulated by law and a cutting license must be issued, otherwise it is likely to constitute a crime.
laws and regulations
Criminal law of the people's Republic of China
Article 345 Whoever illegally cuts down a large number of forests or other trees shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance 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, illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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.
Whoever illegally purchases or transports trees that he knows are illegally cut, if the circumstances are serious, 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 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.
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