Can the state protected tree species be sold after it is naturally blown down?

Updated on international 2024-07-13
15 answers
  1. Anonymous users2024-02-12

    Where plants under national key protection are illegally felled or destroyed, and the circumstances are serious, the crime of illegally felling or destroying plants under national key protection is constituted.

    Legal basis: 1. Interpretation of the Supreme People's Court on the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources (2000 11 22 Fa Shi [2000] No. 36).

    In order to punish the criminal activities of destroying forest resources in accordance with the law, in accordance with the relevant provisions of the Criminal Law, the following explanations are given on a number of issues concerning the specific application of law in the trial of such cases

    Article 1 The term "precious trees" as provided for in Article 344 of the Criminal Law includes ancient and famous trees of great historical 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.

    Article 2: In any of the following circumstances, it is a "serious circumstance":

    1) Illegally felling two or more precious trees, or destroying three or more precious trees, resulting in the death of three or more precious trees;

    2) Illegally felling more than 2 cubic meters of precious trees;

    3) Organizing, planning, or directing the illegal felling or destruction of precious trees;

    4) Other situations where the circumstances are serious.

    Article 8: Where illegal felling or indiscriminate felling of precious trees simultaneously violates the provisions of articles 344 and 345 of the Criminal Law, it shall be convicted and punished in accordance with the provisions of the heavier punishment.

    Article 16: Where units commit crimes provided for in Criminal Law articles 344 and 345, the standards for conviction and sentencing are to be implemented in accordance with the provisions of this interpretation.

    Article 17 The number of trees provided for in this interpretation shall be calculated by the volume of standing trees, and the calculation method shall be: the volume of raw timber divided by the yield of the tree species.

    For the purposes of this interpretation, "young trees" refer to trees with a diameter at breast height of less than 5 centimeters.

    The number of trees to be cut down indiscriminately shall be calculated above the allowable error limit of the survey design of the felling area.

    2. Article 344 of the Criminal Law [Crime of illegal logging and destruction of plants under national key protection; Anyone who violates state regulations by illegally felling or destroying precious trees or other plants under national key protection, or illegally purchasing, transporting, processing, or processing precious trees or other plants under national key protection and their products, 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.

  2. Anonymous users2024-02-11

    Don't try it, if you find out, hehe.

  3. Anonymous users2024-02-10

    If the tree is blown down, it is still possible to survive. However, depending on the size and species of the tree, as well as whether the tree was injured when it fell, the ease of resurrection will vary.

    For young seedlings, there is still hope of surviving after being blown down by the storm wind, as their root systems may not have been damaged. In this case, try straightening the sapling, making sure its roots are in contact with the soil again, then covering the soil and watering it properly.

    For larger trees, the chances of surviving after being blown down by the wind may be less. If the trunk of the tree is not broken and the root system is not damaged too much, then it is still possible to resume growth. Try using sticks or steel pipes as supports to help the tree stand upright again.

    The supports should be fixed in different positions on the trunk to ensure stability. At the same time, fallen trees need adequate watering to prevent wilting.

    However, if the tree has been blown down by the wind for too long, or if the root system and trunk are severely damaged, the chances of survival will be very small. In this case, it may be necessary to replant trees to ensure the greening and beautification of the environment.

    In short, regardless of the size of the tree, if it is blown down by the wind, appropriate measures should be taken as soon as possible to treat the elderly. If the treatment is timely and reasonable, there is still a possibility that the tree will survive.

  4. Anonymous users2024-02-09

    The roots are injured, but they are fine with careful cultivation.

  5. Anonymous users2024-02-08

    No, even if it is blown down by the wind, it is from the forest farm, unless you are a forest ranger, even if you are a forest ranger, it seems that you can't buy it.

  6. Anonymous users2024-02-07

    If you want to protect and manage the forest farm, you should find a forest farm! If it is managed by its own village branch. You should also find your own village branch!

  7. Anonymous users2024-02-06

    There will be a small situation in terms of financial luck, but it will be prosperous in the near future.

  8. Anonymous users2024-02-05

    My family has been in the same house for many days and no one has paid attention.

  9. Anonymous users2024-02-04

    (1) Cut off the excess canopy.

    2) Re-planing the tree pit and using the rooting solution of the happy forest to help the plants take root.

    3) If the roots of the tree are rotten, it should be disinfected with soil disinfectants and other sterilization to protect the plants.

  10. Anonymous users2024-02-03

    Use the evidence to open and transport it away in sections.

  11. Anonymous users2024-02-02

    China's "General Principles of the Civil Law" stipulates: "If a person fails to perform a contract or causes damage to others due to force majeure, he shall not bear civil liability, unless otherwise provided by law." "Force majeure" refers to natural disasters such as heavy rain, floods, lightning strikes, high winds, thunderstorms, hailstorms, etc.

    If the tree is growing in good condition, the management unit of the tree is not negligent in maintenance, and has taken considerable protective measures before the arrival of strong winds, the custodial unit can file a "force majeure" to exempt itself from civil liability; If the tree itself has caused hidden dangers due to drying, and it belongs to the tree management unit or the manager to maintain it improperly, it will bear the corresponding responsibility.

    Specific compensation shall be settled by the parties through negotiation according to the fault liability and the consequences of damages, and may also be resolved through litigation channels.

  12. Anonymous users2024-02-01

    Article 90 of the Tort Liability Law If the owner or manager of the forest cannot prove that he is not at fault and causes damage to others due to the breaking of a forest, he shall bear tort liability.

    This is presumption of fault. Unless he proves that he is not at fault, he is liable.

  13. Anonymous users2024-01-31

    Go to court and sue him. Tree owners should prune their trees for possible natural disasters. Force majeure factors refer to the first category.

  14. Anonymous users2024-01-30

    The owner of the tree - whoever owns the tree is responsible!

  15. Anonymous users2024-01-29

    This is an accident.,Look at the seriousness of the smash.,It's all the neighbors to discuss it.。

Related questions
15 answers2024-07-13

Mole crickets are certainly not nationally protected animals. Mole cricket is the general name of a variety of terrestrial arthropod phylum insects of the Orthoptera Mole cricket family, commonly known as ploughing dog, Lala cricket, etc., mole crickets are mainly distributed in northern China, such insects have fusiform bodies, forefeet are special digging feet, females lack ovipositors, male external reproductive structure is simple, male and female can be identified by wing veins (male overwing has vocalization structure).

15 answers2024-07-13

National wildlife protected animals are some animals that are small in number. Conditions: (1) A small number of natural wild animals exist in China. (2) The number of natural wild animals existing abroad is small. There are three levels.

33 answers2024-07-13

Farmed ones don't count, wild ones count. Budgie, a genus of budgies of the family Paraetidae. >>>More

11 answers2024-07-13

In order to protect the interests of farmers and prevent "cheap grain from hurting farmers", the state continued to implement the minimum purchase price policy in the main wheat producing areas in 2016. >>>More

16 answers2024-07-13

Wolves are protected animals.

The wolf is the largest species of living canids in existence, and is a national second-class protected animal. >>>More