Is it illegal to cut down community greening trees? Legal consequences of cutting down trees for com

The trees in the community are used as public greening after planting, and individuals have no right to cut them down. Generally speaking, to cut down trees, it is necessary that the trees in the community really hinder the lives of residents or have potential safety hazards, and then report to the relevant departments before they can be cut down. Otherwise, it is illegal.

According to the Urban Greening Ordinance:

Article 20 No unit or individual may damage urban trees, flowers, plants and greening facilities.

Felling of urban trees must be approved by the competent administrative departments of urban greening of the city people, and in accordance with the relevant provisions of the State to replant trees or take other remedial measures.

21st in the city's public green space to open commercial and service stalls, must apply to the public green space management unit, after the consent of the urban people's ** urban greening administrative departments or their authorized units, with the approval of the business license of the administrative department for industry and commerce, in the public green space management unit designated to engage in business activities, and comply with the provisions of the public green space and industrial and commercial administration.

22nd urban green space management units, shall establish and improve the management system, to keep trees and flowers lush and greening facilities in good condition.

23rd in order to ensure the safe use of pipelines need to prune trees, must be approved by the urban people's ** urban greening administrative departments, in accordance with the principle of taking into account the safe use of pipelines and the normal growth of trees. The method of bearing the cost of pruning shall be prescribed by the people of the city.

When the tilting of trees due to force majeure endangers the safety of the pipeline, the pipeline management unit may prune, righten or cut down the trees first, however, it shall be reported to the urban people's ** urban greening administrative departments and green space management units in a timely manner.

26th in violation of the provisions of these Regulations, any of the following acts, by the city people's ** urban greening administrative departments or its authorized units ordered to stop the infringement, may be fined; if losses are caused, they shall be liable for compensation; where public security administrative penalties shall be given, punishment shall be given in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China"; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Damage to urban trees, flowers and plants;

2) Pruning or cutting down urban trees without authorization;

3) Felling or relocating ancient and famous trees without authorization, or causing damage or death to ancient and famous trees due to poor maintenance;

4) Damage to urban greening facilities.

To sum up the above, as long as the tree is not recognized by the relevant departments, then it is illegal, for the implementation of this behavior in the community, it is necessary to determine whether it has brought hidden dangers to the owner, and at the same time obtain the consent of the owner of the tree to implement, therefore, the tree is not allowed to be cut down indiscriminately, otherwise they will pay the corresponding price.

It's not illegal, but you shouldn't cut it, since it's in the community, there will definitely be property management, so you can't cut it privately!

Legal analysis: felling community greening trees is illegal, the owner has no right to cut down community trees privately, community trees belong to public property, individuals privately cut down the number of communities belong to intentional damage to public and private property to be punished, trees belong to the garden all property has the right to care for and manage the community trees, the problem of cutting down trees can be reported to the garden or public security, legal basis: "People's Republic of China Public Security Administration Punishment Law" Article 49 Theft, fraud, robbery, robbery, extortion or intentional damage to public or private property, They are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Felling trees in the community harms the common interests of the owners of the community, and the feller shall bear the administrative responsibility of replanting the saplings and imposing fines; If the volume of these felled trees reaches 10 to 20 cubic meters, the logger is likely to be sentenced to imprisonment of up to three years, criminal detention or controlled release for the crime of indiscriminate logging.

1. The penalties for destroying public property are as follows:

1. Where the circumstances are not serious, they are to be detained for between 5 and 10 days in accordance with the Public Security Punishment Law, and may be concurrently fined up to 500 RMB;

2. where the circumstances are serious, they are to be detained for between 10 and 15 days and fined up to 1,000 RMB;

3. Where public or private property is intentionally destroyed, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given;

4. Where public or private property is intentionally destroyed, 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. "Public property" means the following property:

1. State-owned property;

2. Property collectively owned by the working masses;

3. Social donations or special assets used for poverty alleviation and other public welfare undertakings;

Legal basisArticle 345 of the Criminal Law of the People's Republic of China Whoever illegally logs down forests or other trees, in relatively 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; 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.

Legal analysis: If the community greening trees are destroyed without authorization, the relevant administrative law enforcement department will order the infringement to stop, and a fine may be imposed; if losses are caused, they shall be liable for compensation; shall be given a public security administrative sanction.

Legal basis: "Urban Greening Regulations" Article 20 No unit or individual shall damage urban trees, flowers and greening facilities. For the greening trees in the community, residents cannot clean them up without permission.

Criminal Law of the People's Republic of China Article 345 The act of stealing trees shall be sentenced to a punishment ranging from short-term detention to fixed-term imprisonment of not less than seven years, and the sentencing standards for the crime of illegal felling involve three determinations, namely, that the quantity is relatively large, that the quantity is huge, and that the quantity is particularly huge.