Forestry or Landscape Law Master about cutting down trees 20

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Legal Analysis: Trees should be harvested in accordance with the principles of classified forest management, protection priority, and focus on efficiency and effectiveness.

Legal basis: Forest Law of the People's Republic of China Article 55 The following provisions shall be observed in the felling of forests and trees:

1) Public welfare forests can only be harvested for tending, and more inferior to new and low-quality and inefficient forests. However, it is excluded for felling due to scientific research or experiments, prevention and control of forestry pests, construction of forest protection and fire prevention facilities, construction of biological fire isolation zones, and natural disasters.

2) Different felling methods should be adopted according to different circumstances, the clear-cutting area should be strictly controlled, and the planning and implementation of felling and breeding should be synchronized.

c) The forest trees of the nature reserve are forbidden to be logged in the mountains and. However, the bamboo forests in the experimental area that must be harvested due to special circumstances such as the prevention and control of forestry pests, forest fire prevention, maintenance of the living environment of the main protection objects, and natural disasters are excepted.

The competent authorities of forestry at or above the provincial level shall, in accordance with the provisions of the preceding paragraph, formulate corresponding technical regulations for forest felling in accordance with the principles of classified forest management, protection priority, and focus on efficiency and effectiveness.

Legal consequences of felling trees: It may constitute the crime of illegal logging or indiscriminate felling of trees, and is generally 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, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 345 of the Criminal Law: Whoever illegally logs down 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, the sentence is between three and seven years imprisonment and a concurrent fine. 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; and where the amount is huge, the sentence is between three and seven years imprisonment and a fine. 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 cut down or indiscriminately cut down forests or other forests in national nature reserves shall be punished heavily.

Article 32 of the Forest Law must apply for a felling permit for felling trees, 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.

Article 39 Anyone who illegally logs down forests or other forests shall compensate for losses according to 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.

II. Standards for Filing Criminal Cases of Forest and Terrestrial Wildlife.

1) Cases of illegal logging.

Illegal logging of forests or other forest trees shall be filed from 2 to 5 cubic meters or 100 to 200 young trees; Illegal felling of 20 to 50 cubic meters of trees or 1,000 to 2,000 young trees is the starting point for filing major cases; Illegal felling of 100 to 200 cubic meters of trees or 5,000 to 10,000 young trees is the starting point for filing particularly serious cases.

2) Cases of indiscriminate felling.

Indiscriminate felling of forests or other trees, starting from 10 to 20 cubic meters or 500 to 1,000 young trees; Indiscriminate felling of more than 50 cubic meters of trees or more than 2,500 young trees is a major case; Indiscriminate felling of more than 100 cubic meters of forest or more than 5,000 young trees is a particularly serious case.