Is it a sin for someone else to cut down a tree and be taken away by me?

It is also illegal to transport trees that have been illegally cut down by others. According to Article 345 of the Criminal Law, [the crime of illegal logging; deforestation; Crime of illegally acquiring or transporting illegally felled or indiscriminately felled forests] Illegally felling forests or other forests, 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; 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.

Whether there is a crime or not is determined by the court judgment, theoretically whether the removal of trees cut down by others constitutes a crime depends on several aspects: first, whether there is a subjective purpose of illegal possession, second, whether there is an objective fact of removal or actual possession, third, whether the amount and amount of transportation reach the starting point of prosecution of criminal responsibility, and fourth, whether the person is a normal person (under the age of 16 or a mentally ill person is exempted from criminal responsibility), and the four conditions are met to constitute a crime.

Legal Analysis: If the amount of felling reaches the amount prescribed by law, the person who fells may also constitute a criminal offense, which is the crime of indiscriminate logging.

Legal basis: Criminal Law of the People's Republic of China Article 345 Paragraph 2 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;

Forest Law of the People's Republic of China Article 39 Illegal felling of forests or other forests shall compensate for losses in accordance with law; The competent department of forestry shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or sell the sold-down trees, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees. Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.

1. Illegal felling of other people's trees may be suspected of committing the crime of illegal felling of trees, and if the illegal felling of forests or other trees is not large, it will not constitute the crime of illegal felling of trees.

The offence of illegal logging is committed against forests or other trees.

Among them, "forest" refers to a large area of primary forest and artificial forest, including shelter forest, timber forest, economic forest, charcoal forest and special purpose forest. "Other trees" refers to small areas of woods and scattered trees, but does not include scattered trees owned by individuals in front of and behind residential houses.

2. The objective act is illegal logging.

Illegal logging refers to the unauthorized felling of forests or other trees for the purpose of illegal occupation. Illegal logging includes: unauthorized felling of forests or other forests owned by the state, collectives, others, or contracted management by others; Cutting down forests or other forests contracted by the unit or by oneself without authorization; Felling of forests or other forests owned by the state, collectives, others or contracted management by others outside the locations specified in the forest felling permit.

Since the legal benefit of this crime is forest resources, as long as the forest is cut down, it should be deemed that the crime has been completed.

3. The quantity is large. Illegal logging is "large", starting with 2 to 5 cubic metres or 100 to 200 young trees. Where a small amount of trees are illegally felled multiple times within one year without punishment, and the number of trees illegally felled is accumulated, and a crime is constituted, it shall be convicted and sentenced in accordance with law.

1. What are the criteria for filing a case for the crime of illegal logging?

1. If any of the following circumstances are suspected of illegal felling of Qingzao forests or other forests, a case shall be filed for prosecution:

1) Illegal logging of more than 2 to 5 cubic meters;

2) Illegal felling of 100 to 200 young trees.

2. In any of the following circumstances for the purpose of illegal occupation, it is "illegal felling of forests or other forests":

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 managed 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.

Summary. Kiss <>

We'll be happy to answer for you. <>

If the party finds that someone has cut down the tree and sold it for money, it can be reported to the forestry department of the people at or above the county level, and the forestry department will order it to stop the illegal acts, replant the number within a time limit, and may also impose a fine of less than five times the value of the destroyed trees.

Am I responsible for selling my own tree to someone else, and someone else cutting it down?

Kiss <>

We're happy to answer your questions. <>

If the party finds that someone has cut down the tree and sold it for money, it can be reported to the forestry department of the people at or above the county level, and the forestry department will order it to stop the illegal acts, and the number of replanting will be returned to the eyes within a time limit, and a fine of less than five times the value of the destroyed trees can also be imposed on the person who destroyed the forest.

Legal basis: Article 74 of the Forest Law of the People's Republic of China violates the provisions of this law by carrying out reclamation, quarrying, sand mining, soil mining or other activities, resulting in the destruction of forest trees, the competent forestry department of the people's ** at or above the county level shall order the illegal acts to stop the illegal acts, and replant trees that are not more than one time but not more than three times the number of destroyed trees in the same place or in another place within a time limit, and may be fined less than five times the value of the destroyed trees; If the forest land is destroyed, the competent forestry department of the people's government at or above the county level shall order it to stop violating the law, restore vegetation and forestry production conditions within a time limit, and may impose a fine of less than three times the cost of restoring vegetation and forestry production conditions. Article 76 Anyone who illegally fells trees shall be assigned a fine of not less than five times the number of illegally felled trees in the same place or in another place within a time limit by the competent department of forestry of the people's ** people's authorities at or above the county level, and shall be fined not less than five times but not more than ten times the value of the illegally felled trees.

Indiscriminately felling trees, by the people's forestry authorities at or above the county level shall order the replanting of trees in situ or other places within a time limit of more than one time but not more than three times the number of trees felled, and may be fined not less than three times but not more than five times the value of indiscriminately felled trees.

Dear, can you describe the specific situation, I can help you answer.

Sell to others, others cut down. But in my name, the certificate was only approved by the prefecture-level city in the end, should I be responsible?

The teacher takes a look.

If you have a logging permit, you are not responsible.

But without receiving a cutting permit, the buyer cut it.

Then you are not responsible, if it is the responsibility of the buyer.

Clear, thank you for your help, thank you!

Summary. Kiss <>

According to Article 236 of the General Provisions of the Civil Law, after the conclusion of the sales contract, the seller shall be responsible for the danger of the subject matter. However, in this case, the seller will only be liable if:1

The seller deliberately concealed the fact that the trees could not be cut down; 2.The seller has engaged in fraudulent behavior, such as false advertising or misleading statements; 3.The seller breached the relevant contractual agreement.

Am I responsible for selling my own tree to someone else, and someone else cutting it down?

Hello, kiss <>

If you sell your tree to someone else and do not clearly state the purpose of the tree during the sale, then you will not be liable for the felling of the tree. [Ai Ji Cong you] <>

Kiss <>

According to Article 2 of the General Provisions of the Civil Law, Article 136 of the General Provisions of the Civil Law, after the conclusion of the sales contract, the seller shall be responsible for the danger of the subject matter. However, in this case, the seller will only be liable if:1

The seller deliberately concealed the fact that the trees could not be cut down; 2.The seller has engaged in fraudulent behavior, such as false advertising or misleading statements; 3.The seller has breached the relevant contract or agreement.

Kiss <>

If you have clearly informed the purchaser that the tree cannot be cut down in the course of the sale, and the purchaser still chooses to cut down the tree, then the responsibility shall be borne by the purchaser. Therefore, you should be responsible for the behavior of the person who bought Sun Bend. <>

Kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>