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Whoever violates state regulations by illegally felling or destroying precious trees or other plants under key national protection, or illegally purchasing, transporting, processing, or purchasing precious trees or other plants under key national protection and the products thereof, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
The term "crime" of destroying forests generally appears in forestry administrative cases, and is embodied in criminal law as the crime of intentional destruction of property or the crime of sabotage of production and operation. Specific deforestation acts are different in the specific circumstances of the four aspects: object, objective element, subject and subjective element, and are characterized by the crime of intentional destruction of property or the crime of sabotage of production and operation.
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In China, there are many trees, but we are not allowed to destroy them, they are alive, and they play a life-related role for us, the human beings who dominate the earth, so why should we hurt the trees that are beneficial to us? Protecting the trees means preserving the land. Only by retaining the land can life continue and multiply.
At the end of the day, planting trees is not only good for people, but also for everything in the world. "Don't take the good as small, don't take the evil as small", don't destroy a tree because it's insignificant compared to the forest, and don't stop doing it because the merit of planting a tree is too small.
Afforestation can make the air cleaner, the sky bluer, and natural disasters no longer invade our ......If human beings can repent, pay attention to environmental protection, and plant trees, then the earth will last forever.
The green soup is full of vigorous vitality, green shows the vitality of life, green means tenacity and hard work, is a symbol of vitality, and is a warm home for all creatures. Trees are essential for human survival. When you open the world atlas, you will find that the green shadows of trees can be found in the near-polar regions of Siberia, which is thousands of miles of ice, and in the equatorial rainforests where the sun is blazing and rainy.
It is these forests of trees that are scattered all over the world that carry oxygen and food to us, the six billion people on earth, and all living things, and at the same time, regulate and change the world's climate: the evaporation of vast forests brings abundant rain, and countless branches and leaves block the desert ......At present, the country's economy is developing rapidly, the environment is changing with each passing day, human beings are still indiscriminately cutting and deforesting without limits, and a lot of huge forests have been lost in the past. Maybe some people will say this:
There are so many trees, and if I cut down some of them, what harm will I do to thousands of things? "What a staggering number it would be if every person on the planet destroyed one tree. How many years does it take for a tree to grow from seed to seedling?
This shows how important each tree is to human beings. March 12th is Arbor Day, is a good time to plant trees, our school team department issued the initiative of "everyone planting trees", for this reason, I led the Eagle Holiday Team, planted five trees in an open area on a mountain, and learned from the tree planters in "Mahogany" to treat those trees, let them grow into towering trees, add a bit of green to the world.
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It can cause sandstorms and birds die.
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Legal analysis: Whoever intentionally destroys trees shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where invasive alien species are illegally introduced, released, or discarded, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.
Legal basis: Article 344 of the Criminal Law of the People's Republic of China Whoever violates state regulations by illegally felling or destroying precious trees or other plants under key national protection, or illegally purchasing, transporting, processing, or processing precious trees or other plants under key national protection and the products thereof, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. Article 344-1 of violating state provisions by illegally introducing, releasing or discarding invasive alien species, where the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.
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1. How to punish for destroying trees.
1. Destroying trees, cutting down trees in their contracted land without obtaining a felling permit, with a volume of less than 10 cubic meters, is an administrative violation of indiscriminate felling of trees in nature, and shall be replanted by the competent forestry department and fined 2 to 5 times the value of the trees.
2. Legal basis: Article 5 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.
In any of the following circumstances, where the provisions of the Forest Law are violated, 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:
A) without the forestry administrative departments and other competent departments prescribed by law to approve and issue a forest felling permit, or although holding a forest felling permit, but in violation of the timing, quantity, species or manner specified in the forest felling permit, arbitrarily felling the unit owned or owned by the forest or other forest trees;
2) Felling forests or other forest trees 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.
2. What are the crimes of indiscriminate felling of trees and illegal logging?
1. The targets of the crime are different. Although the targets of the crimes are forests and other trees, there are differences in the specific content. In the crime of deforestation, the perpetrator indiscriminately fells forests and other trees that have ownership or the right to harvest.
In the crime of illegal logging, the perpetrator of illegal logging is the forest and other trees that have neither ownership nor right to harvest;
2. The objective aspect of the crime is different. Indiscriminate felling of trees is premised on violation of forest laws and regulations, and objective acts include felling with a felling permit without the requirements of its regulations, as well as arbitrarily felling of trees or other trees with ownership without a license. On the other hand, illegal logging is purely an act of logging without a logging permit, and the perpetrator secretly harvests forests or other forests without ownership without the knowledge of the forest owner, caretaker or competent authority, so the act of illegal logging itself has the nature of illegal occupation of forest trees;
3. The subjective aspect of the crime is different. Although the subjective guilt of the crime of indiscriminate logging and the crime of illegal logging are both intentional in form, there are differences in the intentional content of the two crimes. The crime of indiscriminate deforestation can be subjectively both direct and indirect, that is, although the perpetrator does not want to cause the occurrence of forest damage, he does not try to prevent it, and adopts an attitude of resignation and indifference.
However, regardless of whether the subjective guilt of the crime of indiscriminate logging is direct or indirect, the subjective content does not include the purpose of illegal occupation of trees, while the crime of illegal logging can only be directly intentional, and the perpetrator subjectively has the purpose of illegally occupying trees.
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Legal Analysis: Those who illegally harvest or destroy precious trees need to bear corresponding legal responsibilities.
Legal basis: Article 344 of the Criminal Law of the People's Republic of China Whoever violates state regulations by illegally felling or destroying precious trees or other plants under key national protection, or illegally purchasing, transporting, processing, or disturbing precious trees or other plants under key national protection and the products thereof, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is to be between three and seven years imprisonment and a concurrent fine.
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Judge according to the actual situation. Illegal felling of forests or other forest trees, in relatively large quantities, is to be sentenced to 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.
1. Whether the felling of fruit trees on forest land can constitute the crime of illegal occupation of forest land.
There is no crime of illegal occupation of forest land in China's criminal law, and cutting down all the trees on the forest land and planting fruit trees may constitute the crime of indiscriminate felling of trees and the crime of illegal occupation of agricultural land. 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;
2. What are the consequences of illegal deforestation?
According to the laws and regulations of our country, illegal logging of forests, where the amount of illegal logging is relatively large, and it reaches a criminal offense, that is, illegal felling of 2 cubic meters to 5 cubic meters or 100 250 young trees, and indiscriminate felling can generally be mastered at 10 cubic meters to 20 cubic meters or 500 1200 young trees, 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.
3. The crime is committed only by destroying more than one tree.
Where the amount of illegal felling of trees reaches 2 to 5 cubic meters or "indiscriminate felling of trees" of 10 to 20 cubic meters, it constitutes a crime, and the indiscriminate felling of forests or other forests in violation of the provisions of the Forest Law, 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 345 of the Criminal Law of the People's Republic of China: Illegal felling of forests or other forest trees, in 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 for those who return violently; 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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Lawyer answers. Consequences of destroying private trees:
1.Destruction of private trees may constitute the crime of intentional destruction of property, and the perpetrator is generally sentenced to up to three years imprisonment, short-term detention, or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
2.This act can also constitute the crime of illegal logging and indiscriminate logging, and he will be investigated for criminal responsibility.
Legal basis. Article 275 of the Criminal Law.
Whoever intentionally destroys public or private liquid group property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
Article 345 (1).
Illegal felling of forests or other forest trees, in relatively large quantities, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine of excess; 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.
Section 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;
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