Is it illegal to dig up wild orchids in my country?

Digging wild orchids in China is not a crime, and there are no clear provisions in Chinese law.

It is a crime, wild orchid is a national second-class protected plant, is a rare plant protected by international conventions, and it is strictly forbidden to dig and sell; China's Criminal Law stipulates that the excavation and purchase of orchids to a certain extent constitutes the crime of illegal acquisition or felling of national key protected plants.

Violate the law; According to the provisions of China's Criminal Law, the excavation and purchase of orchids to a certain extent constitutes the crime of illegal acquisition or felling of national key protected plants.

It is illegal, the current wild orchid is also in a state of almost endangerment, wild orchid is a key protected plant in China, it is not allowed to dig up and sell at will.

Violate the law; Orchids are second-class protected wild plants in China and are protected by law.

Yes. Post-wild bluegrass.

There are many varieties of nationally protected plants, which are not picked casually or very well.

Wild Precious Orchids:

Common orchid: <>

1. The roots are different.

Wild orchids are transverse roots, which are formed because they draw nutrients from the humus layer in the wild; The roots of ordinary orchids follow the vertical roots of the pot.

2. The value is different.

Wild orchid grows in the sea and does not.

1. There are many changes due to different soils and climates. It's hard to find identical orchids, which is the uniqueness of wild orchids and their charm; Ordinary orchids can only be counted as a commodity.

Legal analysisBecause orchids have commodity value, excessive mining will definitely cause resource depletion, reasonable mining, collection of rare varieties for artificial propagation is urgent, this is undoubtedly a only way to protect orchids.

Legal basisThe State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and compensate them for the needs of the public interest.

Criminal Law of the People's Republic of China" Article 344 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.

According to the new version of the "List of National Key Protected Wild Plants" announced in September 2021, 268 species and 32 categories of wild plants have been added, of which all wild orchids except rabbit ear orchid are listed in the list of national key protected plants. "The illegal excavation, sale, and purchase of wild orchids violates the provisions of Article 344 of the Criminal Law and is suspected of being a crime.

Legal basisArticle 344 of the Criminal Law of the People's Republic of China [Crime of Endangering Plants under Key National Protection] 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.

If the orchids on the mountain are planted by others, then they are private property and are protected by law.

Excavation by others without consent is an infringement of the private property of others and is an illegal act. In addition, orchids belong to the wild plants under national key protection, and it is best not to dig up wild orchids in the mountains.

Legal basis] Article 13 of the Constitution of the People's Republic of China stipulates that the lawful private property of citizens shall not be infringed upon. The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.

The State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and compensate them for the needs of the public interest.

Legal analysis: Wild orchid is a national second-class protected plant, which is a rare plant protected by international conventions, and it is strictly forbidden to dig and sell;

The basis of the early law of the god of law:

Criminal Law of the People's Republic of China Article 344 Paragraph 1 The crime of illegally felling or destroying blind bushes of national key protected plants refers to the act of illegally felling or destroying key protected plants under national protection in violation of the provisions of the Forest Law.

Legal analysis: Wild orchid is a national second-class protected plant, which is a rare plant protected by international conventions, and it is strictly forbidden to dig and sell;

Legal basis: Article 344, Paragraph 1 of the Criminal Law of the People's Republic of China The crime of illegally felling or destroying plants under national key protection refers to the act of illegally felling or destroying plants under national key protection in violation of the provisions of the Forest Law.

Wild orchid is a national second-class protected plant, which is a rare plant protected by international conventions, and it is strictly forbidden to dig and sell.

1. Should criminal liability be pursued for the crime of smuggling precious animals protected by the state?

The crime of smuggling precious animals protected by the state is serious. Generally sentenced to between 5 and 10 years imprisonment and a concurrent fine; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment or indefinite imprisonment and confiscation of property. The crime of smuggling goods and articles prohibited by the state from being imported or exported refers to the act of smuggling rare plants and their products, and other goods and articles that the state prohibits from importing or exporting.

2. Standards for filing a case for Chinese horseshoe crabs.

According to the situation, the Chinese horseshoe crab belongs to one of the key protected animals in China, belongs to the category of second-class protected animals, and is still a second-class protected animal in Guangxi Province, so eating the Chinese horseshoe crab is to be sentenced to prison. As for the length of the sentence, depending on the severity of the act of burial, a large number of killings, sales, purchases, etc., can be sentenced to more than five years in prison.

3. How many years can you be sentenced to eating a night heron.

According to article 341 of the Criminal Law of the People's Republic of China: Whoever illegally hunts or kills rare or endangered wildlife under national key protection, or illegally purchases, transports, or sells rare or endangered animals under national key protection and the products thereof, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever violates hunting laws and regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.

The night heron is a national second-class protected animal and cannot be caught and traded. Hunting and killing national second-class protected animals constitutes the crime of illegally hunting rare and endangered wild animals.

The crime of illegal logging and destruction of national key protected plants by Ye Hongge in the first paragraph of Article 344 of the Criminal Law of the People's Republic of China refers to the illegal felling and destruction of national key protected plants in violation of the provisions of the Forest Law.