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Whether the trees planted by oneself can be cut down at will should be analyzed on a case-by-case basis, and cannot be generalized.
Whether it is illegal to cut down the trees planted by oneself involves specific variables such as the location of the trees, the number of trees to be cut down, the species of trees to be cut down, the diameter of the trees to be cut down, etc., in principle, the cutting of trees should be approved by the local forestry administrative department and other relevant departments stipulated by law, and a forest felling permit will be issued after approval. Farmers who want to cut down the trees on the forest farms on their own mountains and individual contracts also need to go through the cutting permit of the county-level forestry department before they can be cut down, and there is a risk of being held accountable by the law without the approval of the forestry administrative department. However, the law also makes it clear that when rural residents cut down their own land and personal trees in front of and behind their houses, they can directly cut them down without going through the approval process.
Cutting down too many trees is also not allowed by law.
Rural residents can cut down scattered trees in front of and behind their houses and on their own land without permission, but urban residents can't do so because trees in cities are already part of urban greenery, so urban residents who want to cut down trees must be approved by the urban forestry department and issued a permit. Rural residents can only cut down trees in front of and behind their houses and on their own land, and can only decide whether to cut down their own trees, and self-reserved land refers to a small piece of land allocated to farmers for long-term use by the policy, and the specific definition of the front and back of the house should also consider whether it can affect the interests of others. Excessive quantities of trees must be cleared by the relevant forestry authorities.
Article 31 of the Forest Law of the People's Republic of China The felling of forests and trees must comply with the following provisions:
1) Mature timber forests should be selected and cleared and gradually cut according to different conditions, and clear-cutting should be strictly controlled, and reforestation should be completed in the year of felling or the following year;
2) National defense forests, mother forests, environmental protection forests, and scenic forests in shelterbelts and special-purpose forests are only allowed to be harvested in the nature of tending and regeneration;
3) Felling is strictly prohibited in the forests of places of interest and historical sites and revolutionary memorial sites in special purpose forests, and forests in nature reserves.
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According to the provisions of the Forest Law of the People's Republic of China, the felling of forests and trees shall comply with the relevant regulations and shall not exceed the approved annual felling limit.
Therefore, the trees planted by yourself need to be cut down in accordance with the regulations and need to be approved by the relevant authorities.
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You can't cut down your own trees. If there are more than two trees planted by yourself, you must submit a written application to the competent forestry department of the township government, obtain the consent of the competent department, and obtain the corresponding cutting certificate before you can cut down your own trees, otherwise it is considered illegal. For citizens who have indiscriminately cut down trees, they shall be punished according to the actual illegal consequences caused, and if the criminal standards for the crime of indiscriminate felling of trees are met, criminal punishment may be carried out in accordance with the relevant provisions, and if the standards for filing a case are not met, administrative punishment may be imposed, and the specific circumstances shall be handled by the court.
Criminal Law of the People's Republic of China
Article 345.
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.
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.
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Legal analysis: Depends on whether there is a relevant license. According to the provisions of Article 32 of the Forest Law, the forestry authorities at the county level or the entrusted township and town people shall review and issue felling permits in accordance with the relevant provisions for the collection and lease of forest trees by rural residents and individual contracted collectives.
In other words, it is necessary to apply for a felling permit to cut down the nuclear fiber trees on the mountain. If the felling of home-planted trees has not gone through the relevant approval procedures, the relevant permits have been obtained; or if it constitutes the constitutive elements of the relevant crime, it is necessary to pursue legal responsibility.
Legal basis: "Forest Law of the People's Republic of China" Article 57 The felling permit 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 who harvest trees on their own mountains and individual contracted collective forest land shall be issued a felling permit by the people's forestry department at the county level or the township people's forest department entrusted by the copying.
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Legal Analysis: No. The ownership of the trees planted by oneself belongs to oneself, but based on the particularity of the trees, the state has the right to manage the felling of trees, and it is illegal to cut down trees without applying for a felling permit.
Legal basis: Article 345 of the Criminal Law of the People's Republic of China Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other 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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The ownership of the trees you grow is your own. However, based on the particularity of the forest, the state has the right to manage the felling of the forest, and the felling of the forest does not need to apply for a felling permit, otherwise it is illegal.
State-owned forests and forests to state-owned forestry enterprises, institutions, farms, factories and mines as units, collectively owned forests and forests, individual owned forests to the county as a unit, the annual felling quota, by the provinces, autonomous regions, municipalities directly under the central government forestry authorities summary, by the same level of the people's review, for approval.
According to Article 32 of the Forest Law, a felling permit must be applied for for felling trees, and 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.
Therefore, it is not impossible to cut down your own trees, but to comply with the law, in the case of applying for a felling permit, in strict accordance with the area, number of trees, and tree species specified in the permit to mine trees, to avoid touching the legal minefield.
In accordance with the Regulations on the Implementation of the Forest Law of the People's Republic of China
Article 38 Where the illegal felling of forests or other forest trees is less than cubic meters or less than 20 young trees in terms of standing timber volume, the competent forestry department of the people's ** at or above the county level shall order the replanting of 10 times the number of illegally felled trees, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of 3 to 5 times the value of the illegally felled trees.
Illegal felling of forests or other forest trees, with more than cubic meters or more than 20 young trees calculated by the volume of standing timber, shall be ordered by the competent forestry department of the people's ** at or above the county level to replant 10 times the number of illegally felled trees, confiscate the illegally felled trees or the proceeds from sale, and impose a fine of 5 times to 10 times the value of the illegally felled trees.
Article 39 Where the indiscriminate felling of forests or other forest trees is less than 2 cubic meters or less than 50 young trees based on the volume of standing timbers, the competent forestry department of the people's government at or above the county level shall order the replanting of trees five times the number of trees that have been cut down indiscriminately, and impose a fine of 2 to 3 times the value of the indiscriminately felled trees.
If the indiscriminate felling of forests or other forest trees is more than 2 cubic meters or more than 50 young trees based on the volume of standing timbers, the competent forestry department of the people's ** at or above the county level shall order the replanting of trees that are 5 times the number of trees cut down indiscriminately, and impose a fine of 3 to 5 times the value of the indiscriminately felled trees. Felling of forests or other trees in excess of the timber production plan shall be punished in accordance with the provisions of the preceding two paragraphs.
The above content reference: Encyclopedia - Forest Law of the People's Republic of China.
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Legal analysis: You can't just cut down the trees you plant. Without the permission of the forestry administrative department, indiscriminate felling of trees, and the amount is large, it may constitute the crime of indiscriminate felling of trees.
Legal basis: "Forest Law of the People's Republic of China" Article 32 Felling trees must apply for a felling permit, and felling shall be carried out in accordance with the provisions of the permit, except for the sporadic forests owned by rural residents before and after their own land and houses.
Criminal Law of the People's Republic of China" Article 345 Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other 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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1. It depends on the number of cuts, if there are more than two trees planted by yourself, you must submit a written application to the competent forestry department of the township people, obtain the consent of the competent department, and obtain the corresponding cutting certificate, before you can cut down your own trees, otherwise it is considered illegal.
2. According to Article 32 of the Forest Law of the People's Republic of China: felling trees must apply for a felling permit, and 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.
3. State-owned forestry enterprises, institutions, organs, groups, troops, schools and other state-owned enterprises and institutions shall be subject to the examination and issuance of felling permits by the competent forestry authorities at or above the county level where they are located in accordance with relevant regulations.
4. The regeneration and felling of road protection forests of railways and highways and urban forests shall be reviewed and issued by the relevant competent departments in accordance with the relevant regulations. Rural collective economic organizations shall examine and issue felling permits by the competent forestry departments at the county level in accordance with relevant regulations.
5. For rural residents to cut down the forests of their own mountains and individual contracted collectives, the forestry authorities at the county level or the township and town people entrusted by them shall review and issue felling permits in accordance with relevant regulations. The provisions of the above paragraphs shall apply to the felling of bamboo forests whose main purpose is to produce bamboo.
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You can't cut down your own trees. The law stipulates that 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 by the source servant, and/or a fine; where the amount is huge, the sentence is to be between three and seven years imprisonment.
You can't just plant your own trees**. The ownership of the trees planted by oneself belongs to oneself, but based on the particularity of the trees, the state has the right to manage the felling of trees, and the felling of trees requires a felling permit, otherwise it is illegal. According to the relevant laws and regulations, the ownership and use rights of forest land and forests and trees on forest land shall be uniformly registered and registered by the real estate registration agency and a certificate shall be issued.
1. Rural residents do not need to apply for a forest felling permit for felling sporadic trees on their own land and in front of and behind their houses. However, the collection and felling of wild plants and ancient trees protected by the state shall apply for a felling permit in accordance with the law.
2. If it is necessary to cut down trees due to emergency situations such as fighting forest fires, flood control and rescue, it is not necessary to apply for a felling permit at that time, but the unit or department that organizes the rescue shall report the felling of trees to the local people's forestry department at or above the county level within 30 days from the date of the end of the emergency.
Legal basis
Talking about the Forest Law of the People's Republic of China
Article 39: Anyone who illegally logs down forests or other forests shall compensate for losses 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.
Hail Rock Criminal Law of the People's Republic of China
Article 345 Whoever violates the Forest Law by indiscriminately felling forests or other forest 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, the sentence is to be between three and seven years imprisonment.
Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.
For citizens who have indiscriminately cut down trees, they shall be punished according to the actual illegal consequences caused by it, and if the criminal standards for filing a case for the crime of indiscriminate felling of trees are met, criminal punishment may be carried out in accordance with the relevant provisions of the Criminal Law, and if the standards for filing a case are not met, an administrative punishment may be imposed, and the specific circumstances shall be handled by the court.
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