Is growing wild plants a crime? Criteria for the crime of illegal excavation of wild plants

It is not a crime to plant wild plants that are not prohibited by the state, and it is a crime to prohibit individuals from planting them.

It is forbidden to collect BAI national first-class protected wild plants. Due to special needs such as scientific research, artificial cultivation, cultural exchanges, etc., the collection of national first-class protected wild plants, must be collected by the provinces, autonomous regions and municipalities directly under the Central Government's people's first wild plant administrative department signed the opinion, to the national wild plant administrative department or its authorized institutions to apply for a collection certificate. Those who collect wild plants under national second-class protection must go through the county-level people at the place of collection.

Gave Skin. After signing the opinions, the administrative departments of wild plants of the provinces, autonomous regions and municipalities directly under the Central Government shall apply for a collection certificate from the administrative departments of wild plants or their authorized institutions. Collecting national first-class or second-class protected wild plants in urban gardens or scenic spots, it is necessary to obtain the consent of the urban garden or scenic area management agency and apply for a collection certificate in accordance with the provisions of the preceding two paragraphs.

The collection of precious wild trees or wild plants in forest areas or grasslands shall be handled in accordance with the provisions of the Forest Law and the Grassland Law. After the administrative department of wild plants issues a collection certificate, a copy shall be sent to the environmental protection department for the record. The format of the collection certificate shall be formulated by the administrative department of wild plants.

Units and individuals collecting wild plants under national key protection must collect them in accordance with the types, quantities, locations, time limits and methods specified in the collection certificate. The people's administrative departments of wild plants at the county level shall supervise and inspect the activities of collecting wild plants under national key protection within their respective administrative areas, and promptly report to the administrative departments of wild plants that approve the collection or their authorized institutions. If the collection certificate is not obtained or the wild plants under national key protection are not collected in accordance with the provisions of the collection certificate, the administrative department of wild plants shall confiscate the collected wild plants and illegal gains, and may impose a fine of less than 10 times the illegal gains; Where there is a collection permit, the collection permit may be revoked.

Forgery, resale, transfer of collection certificates, by the administrative department of wild plants or the administrative department for industry and commerce in accordance with the division of duties and labor, confiscation of illegal gains, may be imposed a fine of less than 50,000 yuan. Anyone who violates the provisions of the "Regulations" and constitutes a crime shall be investigated for criminal responsibility in accordance with law.

It depends on what is planted, and some rare varieties of national or provincial protection may indeed be illegal

Article 344 Whoever violates the provisions of the Forest Law by illegally felling or destroying precious trees or other plants under key national protection, or illegally purchasing, transporting 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 1 of 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" (Fa Shi [2000] No. 36) Article 1 of the Criminal Law "Precious trees" include ancient and famous trees with great historical commemorative significance, scientific research value or age as determined by the competent forestry authorities or other departments at or above the provincial level, precious trees whose export is prohibited or restricted by the State, and trees that are included in the list of wild plants under national key protection.

The criteria for filing a case for the sale of wild animals are as follows: 1A case shall be filed where any of the following conduct is exhibited:

Illegally purchasing or ** 1 or more terrestrial wildlife under first-class national protection, or 3 or more terrestrial wildlife under second-class national protection; Illegally dealing in terrestrial wildlife products under national key protection with a value of 5,000 RMB or more, or illegally making profits of 1,500 RMB or more.

Whoever illegally acquires, transports, or transports rare or endangered wildlife and the products thereof under key national protection, and the circumstances are especially serious, is to be sentenced to 10 or more years imprisonment and a concurrent fine or confiscation of property.

Where the standard for conviction of the crime of endangering plants under national key protection is illegal felling or destruction of precious trees, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. The object of this crime is the management system of rare and endangered wildlife under key national protection. Precious and endangered wild animals are a valuable natural resource of the country, which not only has important economic value, but also has important cultural, social and even political value.

Illegal hunting and killing of rare or endangered wildlife brings the danger of extinction of rare or endangered wildlife under key national protection, seriously violating the state's system for the protection and management of wildlife resources, and shall be punished in accordance with law. This crime is manifested in the subjective aspect as intentional, and negligence does not constitute this crime. This crime may be constituted if the perpetrator is for the purpose of selling for profit, eating for his own use, giving gifts to relatives and friends, or taking pleasure out of limits.

The crime of endangering plants under national key protection is the act of a natural person or unit violating national regulations by illegally felling or destroying precious trees or other plants under national key protection, or illegally purchasing, transporting, processing, or purchasing precious trees or other plants under national key protection and their products.

Wild plants refer to precious plants that grow naturally in their native places and endangered and rare plants that grow naturally in their native places and have important economic, scientific and cultural value.

Legal basis

Criminal Law of the People's Republic of China

Article 344.

Crime of Illegally Felling or Destroying Plants under National Key Protection] [Crime of Illegally Purchasing, Transporting, Processing, and Illegally Purchasing, Transporting, Processing, or Plants under National Key Protection, or Illegally Purchasing, Transporting, Processing, or Purchasing Precious Trees or Other Plants under National Key Protection and Their Products, shall be sentenced to up to three years imprisonment, 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 345 [Crime of Illegal Felling of Trees] Whoever illegally logs down 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 forests] Violating the provisions of the Forest Law by indiscriminately felling 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;

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, shall 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.