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How can it be illegal to cut down a tree that you have planted? You have the right to dispose of your own property, and others have no right to interfere.
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I'll answer all 3.
I'll answer all 3.
Amidaya knows the partners.
Recommended on 2016-08-25
To harvest trees, you must apply for a felling permit, and the felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses.
Rural collective economic organizations shall examine and issue felling permits by the competent forestry departments at the county level in accordance with relevant regulations. Rural residents felling forests from their own mountains and individual contracted collectives shall be examined and issued by the competent forestry department at the county level or the people of townships and towns entrusted by them in accordance with relevant regulations.
When applying for a felling permit, state-owned forestry enterprises and institutions must submit the survey and design documents of the felling area. When other units apply for a felling permit, they must submit documents related to the purpose, location, forest species, forest conditions, area, accumulation, method and renewal measures of felling.
For units whose operations do not comply with the regulations, the department that issued the felling permit has the right to confiscate the felling permit and suspend the felling until it is corrected.
Units or individuals who harvest trees must complete the task of reforestation in accordance with the area, number of trees, tree species and time limit specified in the felling permit, and the area and number of trees for reforestation shall not be less than the area and number of trees felled.
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Cutting down trees instinctively makes up for how much.
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According to 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 as the crime of illegal logging in accordance with the provisions of the first paragraph of Article 345 of the Criminal Law:
1) Cutting down forests or other forests owned by the State, collectives, others, or contracted management by others without authorization;
2) Cutting down forests or other forests contracted by the unit or by oneself without authorization;
3) Felling forests or other forest trees owned by the State, collectives, others or contracted management by others outside the locations specified in the forest felling permit.
Article 4 The "large quantity" of illegally felled trees shall start from 2 to 5 cubic meters or 100 to 200 young trees; The "huge quantities" of illegal logging start from 20 to 50 cubic metres 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.
Therefore, I believe that the other party has stolen about 50 trees that are more than 50 years old, which is already a large number and constitutes a crime.
With regard to sentencing, illegal felling of forests or other forest trees, where the quantity is relatively large, constitutes the crime of illegal felling of trees, and the crime of illegal felling of trees is punishable by up to three years imprisonment, 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.
You can file a lawsuit with the local people's court on this basis and ask the people's court to investigate your criminal and civil liability. The specific amount of compensation should be judged by you based on the actual loss and the market price, and it is difficult to make an evaluation here. According to the current market of all kinds of timber to make their own loss of valuation, and then to the people's court to file a lawsuit for attached civil compensation.
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Legal analysis: the felling of urban trees must be approved by the urban people's ** urban greening administrative departments, and in accordance with the relevant provisions of the state to replant trees or take other remedial measures. 21st in the city's public green space to open commercial and service stalls, shall hold a business license approved by the administrative department for industry and commerce, engage in business activities at the place designated by the public green space management unit, and comply with the provisions of the public green space and the administration of industry and commerce.
Legal basis: "Regulations on the Implementation of the Forest Law of the People's Republic of China" Article 38 Illegal felling of forests or other forest trees, less than cubic meters or less than 20 young trees in terms of standing timber volume, shall be ordered by the competent forestry department of the people's government at or above the county level to replant 10 times the number of illegally felled trees, confiscate the illegally felled trees or the proceeds from sale, and impose a fine of 3 times to 5 times the value of the illegally felled trees.
Illegal felling of forests or other forest trees, with more than cubic meters or more than 20 young trees calculated by the volume of standing timber, shall be ordered by the competent forestry department of the people's ** at or above the county level to replant 10 times the number of illegally felled trees, confiscate the illegally felled trees or the proceeds from sale, and impose a fine of 5 times to 10 times the value of the illegally felled trees.
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Legal basis: Law of the People's Republic of China on Forest and Fierce Forests Article 32 Tongque Felling trees must apply for a felling permit, and felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses. Therefore, the jujube tree does not need to be harvested, and there is no provision for planting new trees after Lin Xing's trees are harvested.
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The trees planted by rural residents in front of and behind their houses, on their own land, and on their own hills are owned by individuals. The trees planted in the courtyards of their own houses by urban residents and workers shall be owned by individuals.
Legal basis: "Forest Law of the People's Republic of China" Article 32 Felling of trees must apply for a felling permit, and felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses. Therefore, no permit is required for the harvesting of the jujube tree, and there is no provision for planting new trees after the trees are harvested.
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1. The following conditions shall be met to apply for a forest felling certificate: 1. The applicant must be the owner or manager of the forest; 2. The forest trees to be harvested must comply with Article 31 of the Forest Law; 3. There is no situation in Article 31 of the Regulations for the Implementation of the Forest Law; 2. To apply for a forest felling permit, in addition to submitting the certificate of ownership or certificate of right to use the felling of trees, the following corresponding supporting documents need to be submitted: 1. State-owned forestry enterprises, state-owned farms, collective economic organizations and business units that cultivate forests shall also submit the survey and design documents of the felling area and the acceptance certificate of felling and reforestation in the previous year; 2. Other units shall also submit documents including the purpose, location, forest species, forest condition, area, accumulation, method and renewal measures of felling trees
3. Individuals should also submit documents including the location, area, species, number of trees, volume, renewal time, etc. of the felled trees; 4. The felling of trees on the requisitioned forest land shall also be submitted to the approval letter for the use of forest land issued by the competent forestry department. 3. Procedure: 1. Submit a felling application; 2. On-site planning and design; 3. Examination and approval; 4. Apply for felling permits.
Article 31 of the Regulations for the Implementation of the Forest Law of the People's Republic of China shall not issue a forest felling permit under any of the following circumstances: (A) shelter forests and special purpose forests for non-tending or non-renewal felling, or felling of forests during the closure of mountains for afforestation and afforestation areas; (2) Failure to complete the task of reforestation after felling in the previous year; (3) In the previous year, major cases of indiscriminate logging, forest fires, or large-scale serious forest diseases and pests occurred, and no preventive and improvement measures were taken. The style of the forest felling permit shall be prescribed by the competent forestry department and printed by the competent forestry department of the people's government of the province, autonomous region and municipality directly under the Central Government.
Article 345 of the Criminal Law stipulates that anyone who 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.
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The greening of the community generally belongs to all the owners of the community, and the actions of the loggers are suspected of damaging the reputation and common interests of the owners of the community. Legally, the logger bears the administrative responsibility for replanting the saplings and fines; If the volume of these felled trees reaches 10 to 20 cubic meters, the logger is likely to be sentenced to up to three years in prison, criminal detention, and controlled release for the crime of indiscriminate felling.
Article 345 of the Criminal Law of the People's Republic of China [Crime of Illegal Felling of Trees] Whoever illegally logs down forests or other forests, and the quantity of them 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; where the amount is especially huge, a sentence of not less than seven years imprisonment and a concurrent fine is to be given. [Crime of Indiscriminate Felling of Trees] Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other 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; [Crime of Illegally Purchasing or Transporting Illegally Logged or Indiscriminately Felled Trees] Illegally purchasing or transporting illegally or indiscriminately felled forest trees, and the circumstances are serious, is 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.
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