What are the procedures by which the purchase of timber is not illegal? 20

Legal Analysis: It is illegal to buy timber without a cutting license.

Legal basis: Article 43 of the Forest Law of the People's Republic of China Anyone who illegally buys trees in a forest area that he knows to be illegally logged or indiscriminately felled shall be ordered by the competent forestry department to stop the illegal acts, confiscate the illegally acquired illegally logged or indiscriminately felled trees or the proceeds from the sale, and may also impose a fine of not less than one time but not more than three times the price of the illegally purchased trees; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Regulations on the Implementation of the Forest Law of the People's Republic of China Article 34 The operation (including processing) of timber in forest areas must be approved by the competent forestry authorities of the people's governments at or above the county level. Timber purchasing units and individuals shall not purchase timber without a forest felling license or other legal certificates. The term "timber" as used in the preceding paragraph refers to logs, sawn timber, bamboo, wood chips and other timber as specified by provinces, autonomous regions and municipalities directly under the Central Government.

It is not illegal to collect enough old timber. Anyone who illegally acquires trees that he knows is illegally or indiscriminately felled, shall be ordered by the forestry department to stop the illegal acts, confiscate the illegally purchased illegally logged or indiscriminately felled trees or the proceeds from the sale, and may also impose a fine of not less than one time but not more than three times the price of the illegally purchased trees; where a crime is constituted, criminal responsibility is pursued in accordance with law. where a crime is committed, the sentence is 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.

Article 32 of the Forest Law of the People's Republic of China must apply for a felling permit 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. 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. The regeneration and felling of road protection forests of railways and highways and urban forests shall be examined 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. 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. The provisions of the above paragraphs shall apply to the felling of bamboo forests whose main purpose is to produce bamboo.

Legal analysis: Illegal acquisition of 20 cubic meters of trees or more than 1,000 young trees that are known to be illegal or indiscriminately felled in forest areas, as well as illegal acquisition of more than 2 cubic meters or more than 5 precious trees that are illegally logged or indiscriminately felled shall be filed; The illegal acquisition of 100 cubic meters of forest trees or more than 5,000 young trees, as well as the illegal acquisition of more than 5 cubic meters or more or more than 10 precious trees that have been illegally logged or indiscriminately felled are major cases; The illegal acquisition of 200 cubic meters of trees or more than 1,000 young trees in Jiqiao, as well as the illegal acquisition of more than 10 cubic meters or more than 20 precious trees illegally or indiscriminately felled are particularly serious cases.

Legal basis: Article 2 of the State Forestry Administration, Ministry of Public Security, Standards for the Jurisdiction and Case Filing of Criminal Cases of Forests and Terrestrial Wild Animals (3) Cases of Illegal Acquisition of Illegally Logged or Indiscriminately Felled Trees Illegally purchased in forest areas for the purpose of making profits, and illegally purchased 20 cubic meters or more than 1,000 young trees that are clearly known to be illegally or indiscriminately felled, as well as illegal acquisition of more than 2 cubic meters or 5 or more precious trees that have been illegally logged or indiscriminately felled, shall be filed; Illegal acquisition of 100 cubic meters of forest trees or more than 5,000 young trees, as well as illegal acquisition of more than 5 cubic meters or more than 10 precious trees that have been illegally logged or indiscriminately felled are major cases; Illegal acquisition of 200 cubic meters of forest trees or more than 1,000 young trees, as well as illegal acquisition of more than 10 cubic meters or 20 precious trees illegally or indiscriminately felled are particularly serious cases.

Whoever commits the crime of illegally purchasing or transporting illegally logged or indiscriminately felled forest 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 circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

1. "Illegal logging of forests or other trees" refers to an act for the purpose of illegal occupation under any of the following circumstances:

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;

3) Felling forests or other forest trees owned by the state, collectives, others or contracted management by others outside the locations specified in the forest felling permit.

"Forest" refers to the overall number of forests with a certain area, including forests and bamboo forests, which can be divided into five categories: shelter forests, timber forests, economic forests, charcoal forests, and special-purpose forests. "Other trees" means other trees and bamboo.

2. The crime of illegal logging of forests or other forests shall be subject to three levels of punishment:

1) where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;

2) where the quantity is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

3) where the amount is especially huge, a sentence of not less than seven years imprisonment and a concurrent fine is to be given.

According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources", "relatively large quantity" starts with 2 to 5 cubic meters or 100 to 200 young trees; "Huge quantity", starting with 20 to 50 cubic meters or 1,000 to 2,000 young trees; "The number is particularly huge", starting with 100 to 200 cubic meters or 5,000 to 10,000 young trees.

3. Anyone who illegally logs down forests or other trees in a national nature reserve shall be punished heavily, in accordance with the provisions of this paragraph.

Article 345 of the Criminal Law of the People's Republic of China.

Illegal felling of forests or other forests, 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. [Crime of Indiscriminate Felling of Trees] 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; [Crime of Illegally Purchasing or Transporting Illegally Logged or Indiscriminately Felled Trees] Illegally purchasing or transporting illegally or indiscriminately felled forests, and the circumstances are serious, is 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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According to the law, the criteria for filing a case for illegal acquisition of indiscriminately logged trees are: 1. Illegally purchasing or transporting more than 20 cubic meters of illegally logged or indiscriminately felled trees or more than 1,000 young trees; 2. Other situations where the circumstances are serious.

Criteria for filing a case for the crime of illegal acquisition of timber.

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According to the law, the criteria for the filing of illegal acquisition of indiscriminate felling of trees are: 1. Illegal acquisition or transportation of more than 20 cubic meters of illegally logged or indiscriminately logged trees or more than 1,000 young trees of key hermits; 2. Other situations where the circumstances are serious.

Legal basis: Article 74 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases Ordered by the Supreme People's Procuratorate and the Ministry of Public Security to be Ordered to be Filed and Prosecuted in Criminal Cases under the Jurisdiction of the Public Security Organs (1)" Article 74: Where the illegal acquisition or transportation of trees that are known to be illegal or indiscriminately felled shall be filed and prosecuted in any of the following circumstances: (1) Illegally purchasing or transporting more than 20 cubic meters of illegally or indiscriminately felled trees or more than 1,000 young trees;(2) Circumstances where the circumstances are serious.

"Knowingly" for the purposes of "illegal acquisition" as provided for in this article means knowing or should have known. In any of the following circumstances, it can be regarded as should have known, except for those who have evidence to prove that they have been deceived: (A) the purchase of timber in illegal timber trading places or sales units;(B) the acquisition of timber significantly lower than the market ****;(C) the purchase of timber in violation of the provisions of the **.

The criteria for filing a case for illegal acquisition of illegally logged and indiscriminately logged trees are: illegal acquisition, transportation of illegally logged or indiscriminately felled trees of more than 10 cubic meters or more than 1,000 young trees, and other serious circumstances. Illegally purchasing trees that are clearly known to be illegal or indiscriminately felled, and the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine;where the circumstances of the crime are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine shall be given. Thing-calling.