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Anonymous users2024-02-06The felling of self-owned forest land should be divided into situations: if the forest on the forest land is felled, a felling permit should be applied for, and felling should be carried out in accordance with the provisions of the felling permit; If it is a bamboo forest outside a nature reserve, it is not necessary to apply for a felling permit, but it should comply with the technical regulations for forest felling; If rural residents harvest sporadic trees on their own land and in front of and behind their houses, they do not need to apply for a felling imitation permit.
1. What are the criteria for filing a case for the crime of illegally issuing forest felling permits?
Criteria for filing a case for the crime of illegally issuing a forest felling permit:
1. The number of trees allowed to be felled by the issuance of a forest felling permit exceeds the approved annual felling limit, resulting in the number of trees being cut down exceeding 10 cubic meters;
2. Indiscriminate issuance of forest felling permits, resulting in more than 20 cubic meters of forest trees being cut down;
3. Indiscriminate issuance of forest felling permits, resulting in indiscriminate felling of precious trees;
4. Approval of felling of trees prohibited by the state, and the circumstances are heinous.
2. What are the criteria for filing a case for illegally manufacturing forest felling permits?
The criteria for filing a case for the crime of illegally issuing a forest felling permit are as follows: if the allowable amount of felling in the issuance of a forest felling permit exceeds the approved annual felling limit, resulting in the number of trees being substituted exceeding 10 cubic meters, the case shall be filed if the forest felling permit is indiscriminately issued and the forest trees are indiscriminately felled by more than 20 cubic meters, the forest felling permit shall be issued indiscriminately, resulting in the indiscriminate felling of precious trees, and the felling of trees prohibited by the state shall be approved, and if the circumstances are heinous, a case shall be filed.
3. What are the criteria for filing a case for the crime of illegally issuing a forest felling permit?
According to the "Provisions of the Supreme People's Procuratorate on the Standards for Filing Cases Directly Accepted by the People's Procuratorate for Filing and Investigation Cases (Trial)", the standards for filing cases of illegal public security organs for the crime of issuing forest felling permits are: indiscriminate issuance of forest felling permits, resulting in the indiscriminate felling of more than 20 cubic meters of trees; Indiscriminate issuance of forest felling permits, resulting in the indiscriminate felling of precious trees; Approval for felling of trees prohibited by the state, and the circumstances are heinous.
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Anonymous users2024-02-05Legal analysis: the felling of self-owned forest land should be divided into situations: if it is a forest on the forest land, a felling permit should be applied for, and felling should be carried out in accordance with the provisions of the felling permit; If it is a bamboo forest outside a nature reserve, it is not necessary to apply for a felling permit, but it should comply with the technical regulations for forest felling; If rural residents harvest sporadic trees on their own land and in front of and behind their houses, they do not need to apply for a felling permit.
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, regeneration and transformation of low-quality and low-efficiency forests. However, except for those that need to be harvested for 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.
3) Felling of trees in nature reserves is prohibited. 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.
Article 56 A felling permit shall be applied for for felling of trees on forest land, and 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.
Article 57 The felling license shall be issued by the competent forestry department of the people's ** at or above the county level.
The competent authorities of forestry at or above the county level shall take measures to facilitate the application of felling permits by applicants.
Rural residents shall cut down trees on their own mountains and individual contracted collective forest land, and the county-level people's forestry department or the township people's government entrusted by it shall issue a felling permit.
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