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1.Chapter VI of the Forest Law stipulates that the legal liability is as follows:
Article 39.
Where forests or other forests are illegally felled, the losses shall be compensated in accordance with 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.
Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.
Article 40. Anyone who violates the provisions of this Law by illegally felling or destroying precious trees shall be investigated for criminal responsibility in accordance with law.
2.Article 345.
In 2002, Article 345 of the Criminal Law was amended to read: 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, 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.
3.It still depends on the specific situation.
Hope it helps.
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Fir? Is it a regular fir tree? There are so many types of fir trees.
You can request a hearing, about **, ask for an assessment, and explain that the tree is damaged, and the misunderstanding is different from the normal state of vegetation. It has been crushed and cannot grow, and its value has not been expanded by your felling. It should not be illegal logging and deforestation.
It should be cut by mistake.
At most: if the forest is damaged or the forest is destroyed, the loss shall be compensated according to law; The competent forestry department shall order the illegal act to be stopped, replant trees with a number of trees between one and three times the number of destroyed trees, and may impose a fine of not less than one time but not more than five times the value of the destroyed trees.
However, since you are cutting down a damaged tree by mistake and not destroying it, you should discuss with them whether to consider applying the lightest of the above replanting doubles and doubles the fine.
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1. If the fir trees you cut down belong to your family's own land or the scattered trees in front of and behind the house, it is not illegal.
2. How many of you are there? Forest felling is strictly controlled, and collectively owned forests and trees, as well as individually-owned forests, have set felling quotas on a county-by-county basis, and individuals cannot be harvested at will without an application for felling. A harvesting permit must be applied for, and harvesting must be carried out in accordance with the provisions of the permit.
3. If the amount of felling is not large, it will not be enough to become a crime, as long as the administrative punishment is punished, it will not be punished so much, and it will not go to jail and scare people!
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Article 32 of the National Forest Law:
Article 32 To cut down trees, it is necessary to 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.
However, the village committee's move is suspected of violating the criminal law
The second paragraph of Article 345 of the Criminal Law of the People's Republic of China stipulates that the crime of indiscriminate felling of trees refers to the act of arbitrarily cutting down forests or other large numbers of trees in violation of the provisions of the Forest Law, not in accordance with the felling areas and felling requirements designated by the competent forestry authorities. Where a unit commits this crime, the directly responsible managers and directly responsible personnel are to be punished as individual crimes.
1. To cut down collective forests, it is also necessary to apply for a felling permit;
2. Collective property is owned by oneself and is illegal logging. According to the judicial interpretation (Fa Shi 2000 No. 36), 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;
Among them, the illegal logging of forest trees is "large", starting from 2 to 5 cubic meters or 100 to 200 young trees; The "huge quantities" of illegal logging start at 20 to 50 cubic metres or 1,000 to 2,000 young trees.
For more information on the application procedures for applying for a collective forest felling permit, please refer to it.
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In order to protect, cultivate, and rationally utilize forest resources, speed up the greening of the country, give play to the role of forests in storing water and conserving soil, regulating the climate, improving the environment, and providing forest products, and meet the needs of socialist construction and the people's livelihood, the Forest Law is hereby formulated.
Forest law is the core law in the forestry legal and regulatory system, and it is also the basic law of forestry. This law has played an important role in guaranteeing the development of China's forestry and the protection of forest resources, and has provided a strong legal guarantee for promoting the healthy development of China's forestry. The Forest Law regulates the circulation of the right to use forests, woods and forest land, which is the legal basis for the circulation of the right to use forest resources, and effectively promotes the reform of forestry and the protection of forest resources.
The Forest Law, consisting of seven chapters and 49 articles, was amended by the "Decision on Amending the Forest Law of the People's Republic of China" deliberated and adopted by the Second Session of the Standing Committee of the Ninth National People's Congress on April 29, 1998, and came into force on July 1, 1998.
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It's too long.
I glued the full text into my space.
You go and see. Further blog every day
Here is the full text of the forest law.
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All you can find is just one!
The full text will not be copied by our army, it is not interesting.
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If there are less than 50 cubic seedlings, 10 accompanying trees shall be replanted, 10 accompanying saplings shall be replanted, and 3-5 accompanying fines shall be imposed, and more than 50 seedlings shall be replanted and 10 accompanying seedlings shall be fined 5-10 yuan.
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Our community reported it in the name of pruning, but it was actually cut.
Many trees are 20-50 in diameter, what should the owners of this kind of thing do, I hope to point out, thank you.
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Answer Article 1: In accordance with the provisions of the Forest Law of the People's Republic of China (hereinafter referred to as the Forest Law), these measures are formulated. Article 2: Violation of the provisions of the Forest Law, does not constitute a crime, in accordance with these measures.
Article 3: Illegal felling of forests or other forest trees, less than 2 cubic meters of timber in forest areas and less than 100 young trees, less than 1 cubic meter and less than 50 young trees in non-forest areas, or causing losses equivalent to 2 cubic meters of timber and less than 100 young trees;
Indiscriminate felling of forests or other forest trees, less than 10 cubic meters in forest areas and less than 200 young trees, less than 5 cubic meters and less than 100 young trees in non-forest areas, shall be dealt with in accordance with the provisions of the first paragraph of Article 34 of the Forest Law.
Illegally felled timber or the proceeds from its sale shall be recovered. if it is owned by a collective or individual, it shall be returned to the original owner; If it belongs to the whole people, it shall be confiscated by the local forestry department as a forestry department.
Article 4: During the forest fire prevention period, anyone who uses fire in violation of the regulations shall be fined from 10 yuan to 30 yuan; Violating regulations by using fire to cause forest fires, burning an area of less than 50 acres, or causing losses worth less than 1,000 yuan; It was ordered to renew the afforestation within a time limit, compensate for the damages, and imposed a fine of 30 to 300 yuan.
Article 5: Anyone who forges or resells a forest felling permit shall be fined from 50 yuan to 100 yuan in accordance with the provisions of Article 36 of the Forest Law; For those who have already made profits, in addition to confiscating their illegal gains, they may also be fined two to five times the amount of their illegal gains.
Article 6: Units or individuals that harvest trees fail to complete the task of reforestation in accordance with regulations, and the circumstances are serious; In addition to organizing other units or individuals to complete the task of reforestation, the competent department of forestry may impose a fine equivalent to the required afforestation cost, except that the required expenses shall be borne by the unit or individual that has not completed the reforestation task.
Article 7: Anyone who violates forest laws and regulations and causes damage to shelter forests, economic forests, special purpose forests, precious trees and forests in nature reserves shall be punished heavily. Article 8:
If they are ordered to replant trees and cannot be replanted for any reason, they may pay the required fees, which shall be collected by the competent forestry department and replanted on their behalf.
The Ministry of Forestry uniformly formulates and issues the "Notice of Forestry Administrative Punishment", "Notice of Replanting Trees" and the format of "Receipt" for the collection of timber and money.
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The crime of illegal logging refers to the act of cutting down forests or other forests owned by the state, collectives or individuals without authorization for the purpose of illegal occupation in violation of the state's laws and regulations on the protection of forests, and the amount of trees is relatively large.
where this crime is committed, the sentence is 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;
The starting point of "huge quantity" generally refers to the illegal felling of 20-30 cubic meters or 1000-1500 young trees in forest areas, and 10-20 cubic meters or 500-1000 young trees in non-forest areas, or equivalent to the above-mentioned losses. Illegal felling of more than 100 cubic meters or more than 5,000 young trees in forest areas, and more than 50 cubic meters or more than 2,500 young trees in non-forest areas, or equivalent to the above-mentioned losses, can generally be regarded as "particularly huge".
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Zhang Song for a time of illegal logging, how to judge and how to punish.
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**How to compensate for apple trees and poplars on the land requisitioned.
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They have no legal basis, and if they say that others have violated the law, they must tell what law they have violated, and they should doubt whether they have the qualifications to enforce the law.
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It is recommended that you collect all the evidence in your favor and file an administrative lawsuit, or file a complaint.
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According to you, it is certainly not illegal.
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There is no legal basis, you can consult with a lawyer.
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You give too little information, and generally speaking, forestry law enforcement will not say that you are breaking the law for no reason. Did you take any anti-theft measures that were not legal, or did the law enforcement department judge that you were stealing from you?
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The Election Law, the Organic Law of the National People's Congress, the Organic Law of Local People's Congresses at All Levels and Local People's Organizations at All Levels, the Basic Law of the Special Administrative Region, and the Legislation Law.
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Upstairs, how can the civil law, the marriage law be?
National Flag Law, SAR Law,
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"Constitutional Law Name" Your question is problematic!
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Civil Law, Marriage Law, Criminal Procedure Law, Labor Law, Labor Contract Law.
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