Is it illegal for people to cut down trees without their consent in rural areas?

This behaviour already constitutes the crime of illegal logging. The crime of illegal logging refers to the act of cutting down forests or other forests owned by the state, collectives or individuals without authorization for the purpose of illegal occupation in violation of national laws and regulations on forest protection, and the amount of trees is relatively large.

Legal analysisAccording to the relevanceLaws and RegulationsThe act of cutting down trees without permission is already a crime of illegal logging. This crime is objectively manifested as violating the relevant laws and regulations on the protection of forests, without the approval and issuance of a felling permit by the forestry administrative department and other competent departments prescribed by law, or arbitrarily felling the forests or other forests owned or managed by the unit in violation of the location, quantity, species, and method specified in the felling permit, although holding a felling permit, as well as the forests or other forests on the mountains left by oneself. The subject of this crime is the general subject.

Whether it is a state functionary or an ordinary citizen, as long as he has reached the age of criminal responsibility and has the capacity for criminal responsibility, he can constitute this crime. The unit may also constitute this crime. The relationship between the crime of illegal logging of trees and the crime of illegal logging of plants under national key protection should be correctly handled.

The act of illegally felling precious trees actually commits the crime of illegal logging of trees and the crime of illegal logging of plants under national key protection, which should be punished as a felony. Where the amount of illegal felling of trees is relatively large, and at the same time there is another act of illegally felling precious trees and protecting plants, multiple crimes shall be punished together.

Legal basisCriminal Law of the People's Republic of China" Article 345 Whoever illegally logs down forests or other forests, in relatively large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given. Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; Illegally purchasing or transporting trees that are clearly known to be illegally or indiscriminately felled, and the circumstances are serious, are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Those who illegally or indiscriminately cut down forests or other trees in national nature reserves shall be given heavier punishments.

Illegal felling of forests or other forests owned by the state, collectives, or others, in large quantities, may constitute the crime of illegal logging.

If it is a sporadic tree owned by an individual in front of or behind a rural farmer's house, and the number is large, it may constitute the crime of theft.

The "large quantities" of deforestation start with 10 to 20 cubic metres or 50 to 1,000 young trees.

It's illegal to cut down trees on the side of the road, but if you cut down two trees, no one will bird you. But the size of the tree is a different story.

Legal analysis: Cutting down other people's trees without permission will violate the Criminal Law and the Forest Law, etc., and criminal liability will be determined according to the severity of the circumstances.

Legal basis: Forest Law of the People's Republic of China

Article 32 It is illegal to cut down trees without permission, except for the sporadic trees that rural residents harvest on their own reserved land and in front of and behind their houses.

Article 39 Punishment measures: Where forests or other trees are illegally felled, compensation for losses shall be made in accordance with law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees.

In the case of indiscriminate felling of forests or other forest trees, the competent forestry department shall order the replanting of trees five times the number of trees that have been indiscriminately felled, and impose a fine of not less than two times but not more than five times the value of the indiscriminately felled trees. If the tree is refused to be replanted or the replanting does not comply with the relevant provisions of the state, the competent forestry department shall replant the tree on its behalf, and the required expenses shall be paid by the violator.

Criminal Law of the People's Republic of China" Article 345 Whoever illegally logs down forests or other forests, in relatively large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given.

Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources Article 3 In any of the following circumstances for the purpose of illegal possession, and the amount is relatively large, it shall be convicted and punished for the crime of illegal logging in accordance with the first paragraph of Article 345 of the Criminal Law:

Cutting down forests or other forests owned by the state, collectives, others, or contracted management by others without authorization;

Cutting down forests or other forests contracted by the unit or oneself without authorization;

Felling of forests or other forests owned by the state, collectives, others, or contracted management by others other than the locations specified in the forest felling permit.

Article 5 In violation of the provisions of the "Forest Law" in any of the following circumstances, and the amount is relatively large, it shall be convicted and punished as the crime of indiscriminate felling of trees in accordance with the provisions of the second paragraph of Article 345 of the "Criminal Law":

Without the approval of the forestry administrative department and other competent departments prescribed by law and the issuance of a forest felling permit, or although holding a forest felling permit, but in violation of the time, quantity, species or method specified in the forest felling permit, arbitrarily felling the forest or other forest trees owned by the unit or owned by oneself;

Felling forests or other forests owned by others in excess of the quantity specified in the forest felling permit.

If one party to a dispute over the ownership of trees cuts down forests or other trees without authorization before the ownership of the trees is confirmed, and the quantity is relatively large, it shall be punished as the crime of indiscriminate felling of trees.

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It is illegal to cut down trees in the village. The achievement of a larger number of criteria constitutes a condition for sentencing. The number of illegal logging trees is large, starting from 2 to 5 cubic meters or 100 to 200 young trees; The number of illegal logs is huge", starting with 20 to 50 cubic meters or 1,000 to 2,000 young trees; The number of illegal logging is "particularly huge", starting with 100 to 200 cubic metres or 5,000 to 10,000 young trees.

Is it illegal to cut down trees in the village.

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It is illegal to cut down trees in the village. The achievement of a larger number of criteria constitutes a condition for sentencing. The number of illegal felling trees is relatively large, starting from 2 to 5 cubic meters or 100 to 200 young trees; The number of illegally logged trees is huge", starting from 20 to 50 cubic meters or 1,000 to 2,000 young trees; The number of illegal logging is "particularly huge", starting with 100 to 200 cubic metres or 5,000 to 10,000 young trees.

Legal basis: Article 32 of the Forest Law violates the law of cutting down trees without permission, except for the sporadic trees owned by rural residents on their own land and in front of and behind their houses. Article 39 of the Forest Law stipulates that the penalties are:

Where forests or other forests are illegally felled, the losses shall be compensated in accordance with law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees. In the case of indiscriminate felling of forests or other trees, the competent forestry department shall order the replanting of trees five times the number of trees that have been cut down indiscriminately, and impose a fine of not less than two times but not more than five times the value of the trees felled indiscriminately. If the refusal to replant trees or the replanting does not comply with the relevant provisions of the state, the competent forestry department shall replant the trees on their behalf, and the required expenses shall be paid by the violator.

Legal analysis: If it is a sporadic forest owned by an individual in front of and behind the house on self-reserved land and behind the house, it is not illegal to apply for a felling permit; However, if the quantity is exceeded, it is necessary to apply for a felling permit and harvest in accordance with the provisions of the harvesting permit; Felling of bamboo forests outside nature reserves does not require an application for a felling permit, but shall comply with the technical regulations for forest felling.

Legal basis: "Forest Law of the People's Republic of China" Article 56 The felling of trees on forest land shall apply for a felling permit, and the felling shall be carried out in accordance with the provisions of the felling permit; Felling of bamboo forests outside nature reserves does not require an application for a felling permit, but shall comply with the technical regulations for forest felling.

Rural residents do not need to apply for a felling permit to harvest sporadic trees on their own land and in front of and behind their houses.

The regeneration and felling of farmland shelter forests, windbreak and sand fixation forests, road protection forests, bank protection and embankment forests and urban forests on non-forest land shall be managed by the relevant competent departments in accordance with relevant regulations.

The harvesting and transplantation of trees shall be managed in accordance with the felling of trees. The specific measures shall be formulated by the competent forestry authorities.

It is forbidden to forge, alter, buy, sell, or lease logging permits.