What laws are broken against the destruction of private trees? How do I claim compensation?

Cutting without the permission of the owner, you belong to the infringement of other people's private property, it is illegal, you can encounter this kind of thing can be private, you can go public, but it is more troublesome to go public, if the matter is not serious, it is recommended to be private, compensation and the like will be resolved through negotiation, and if it is not private, it will be resolved through legal procedures.

Without the permission of the owner, you belong to the infringement of other people's private property, is illegal, encounter this kind of thing can be private, can be public, but the public is more troublesome, if the matter is not serious, it is recommended to be private, compensation and the like will be resolved through negotiation, private is not good, it will be resolved through legal procedures Article 75 of the General Principles of the Civil Law of our country stipulates: "Citizens' personal property, including citizens' legal income, houses, savings, daily necessities, cultural relics, library materials, forests, Livestock and the means of production and other legal property that citizens are allowed to own by law.

Citizens' lawful property shall be protected by law, and no organization or individual shall be allowed to encroach upon, plunder, break or illegally seal, seize, freeze or confiscate."

According to Article 2 of China's Tort Liability Law, "infringement of civil rights and interests shall bear tort liability in accordance with this Law", the victim shall first negotiate with the infringer to settle the matter, and if the negotiation fails, he may file a lawsuit with the people's court and request the court to rule that the infringer should stop the infringement and compensate for the loss.

It depends on the situation. You can call the police first. Assess whether the property** constitutes intentional destruction of the property. If the compensation cannot be resolved through negotiation, it will be resolved through court litigation.

This should be reported to the local ** and forestry departments, and the local police station should report the case, and it is better to come forward to solve this problem. If you solve it yourself, you will compensate according to the price!

Not only private trees cannot be destroyed, but even self-planted trees cannot be cut down casually.

The standard of compensation fee shall be set by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standard of land compensation fee for cultivated land.

It is a crime for others to intentionally damage our trees, and it can be dealt with in accordance with the law, mainly in accordance with administrative litigation, administrative reconsideration, administrative reconsideration ruling, civil litigation, land requisition compensation coordination, adjudication, etc., and different legal procedures should be initiated according to the different characteristics of each case.

Intentional destruction of other people's property requires civil liability for compensation in accordance with the law, and public security administrative penalties can also be imposed; If the amount of property destroyed is relatively large, it constitutes the crime of intentional destruction of property, and criminal responsibility is pursued in accordance with law. According to article 275 of the Criminal Law of the People's Republic of China, the crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances.

where the amount is relatively large (5,000 RMB or more) or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention or a fine is to be given; where the amount is huge (50,000 yuan or more) or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

The compensation for intentional damage to the trees of the parties concerned shall be based on the value of the trees assessed by the forest tree appraisal agency.

Those who intentionally destroy the property of others need to bear civil liability for compensation in accordance with law, and at the same time may also be given public security administrative punishments, that is, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB, and 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.

If the amount of property destroyed is relatively large, it constitutes the crime of intentional destruction of property, and criminal responsibility is pursued in accordance with law. Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted:

1) Causing losses of 5,000 RMB or more to public or private property;

2) Destroying public or private property three or more times;

3) Gathering three or more people to openly destroy public or private property;

4) Other situations where the circumstances are serious.

The crime of illegal felling and destruction of precious plants is an infringement of the state's ownership of precious plants, so it is similar to the ownership of state, collective and individual property violated by the crime of intentional destruction of property, which is mainly manifested as follows:

1) The object of the crime is different. The crime of illegal felling and destruction of precious plants infringes on the state's management system for the protection of plant resources, and is a crime of destroying environmental resources. The crime of intentional destruction of property infringes on the ownership of public and private property, and is a crime of infringing on property;

2) The objective elements are different. The perpetrator of the crime of illegal logging or destruction of precious plants can constitute a crime as long as he commits the act of illegally harvesting or destroying precious plants. In addition to the act of destroying public or private property, the perpetrator of the crime of intentional destruction of property must also reach a certain amount and circumstances, and the conduct that reaches a relatively large amount or serious circumstances can constitute a crime;

3) The targets of the crime are different. The object of the crime of illegal logging and destruction of precious plants is only precious plants, while the object of the crime of intentional destruction of property can be any public or private property;

4) The main elements are different. The subject of the crime of illegal logging or destruction of precious plants can be either a natural person or a unit, while the subject of the crime of intentional destruction of property can only be a natural person, and the unit is not the subject of the crime.

Article 275 of the Criminal Law of the People's Republic of China [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; 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.

Civil Torts. Ask him to compensate according to the value of the tree and pay for the various expenses you spent in the process of planting the tree. If the amount is relatively large, the case may be reported to the public security organs.

Such an act already constitutes the intentional destruction of another person's property. If the value is large, it constitutes the crime of intentional destruction of property, and if the value does not exceed 5,000 yuan, it is an illegal act.

Legal analysis

The crime of intentional destruction of property refers to the intentional and unlawful destruction or damage of public or private property, where the amount is relatively large or the circumstances are serious. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. It can also be said that it refers to the deliberate and unlawful destruction or damage of public property or property owned by private citizens.

An act that completely or partially voids the value and utility of a property. The constitutive characteristics of this crime are: First, the subject aspect, the subject of this crime is a general subject, any natural person who has reached the age of 16 and has the capacity for criminal responsibility.

Trees can be illegally cut down by the police, and the loss can be recovered if the evidence is complete, and trees are also public and private property, and it is of course illegal to cut down trees without consent. Where the amount is relatively large, it may be suspected of the crime of theft, and criminal responsibility should be pursued in accordance with law, and the intentional destruction of property causing a loss of 5,000 yuan or more to public or private property, the destruction of public or private property three or more times, the gathering of three or more persons to openly destroy public or private property, or other serious circumstances, shall be filed for prosecution.

Legal basis

Criminal Law of the People's Republic of China: Article 275: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; 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.

Public Security Administration Punishment Law of the People's Republic of China》 Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is 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.

If someone deliberately damages your tree, then the other party needs to compensate you in full for the loss, and at the same time be sure to apologize to us, but in case the other party is not convinced, it is best to find the reason why the other party damaged us, so that the problem can be solved fundamentally and avoid similar things from happening in the future.

Where forests or other forests are illegally felled, the losses shall be compensated 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.

In this case, it is enough for the landlord to claim compensation from the other party according to the actual value of the trees. If the other party does not agree, it is recommended to sue him directly in court, and the court will fairly determine how much you should compensate the other party according to the value of your tree. Of course, it is recommended to negotiate through an intermediary first, and then sue if the negotiation fails.

The amount of damage caused by others to you shall be compensated in accordance with the crime of damaging other people's property. The specific amount of compensation should be estimated on the basis of the amount at the time. If the other party does not compensate, it should be handed over to the police station for handling.

Compensation should be made for moral damages first, and then for the money for the trees damaged. Then hand it over to the police station.

How will someone else compensate for deliberately damaging your tree? It depends on the severity of the crime, the remorse of the person involved, and the number of trees destroyed. It is recommended that if it is not done privately, it will be fairer to solve it by legal means.

Reimbursement at the price. It is better to be tried by a court of law.

The compensation standard for the destruction of other people's trees is as follows:

1. The compensation fee for poplar, willow, elm and locust trees is 1,200 yuan per mu on average for 1 to 3 years; 4 to 13 years with an average compensation of 1,200 to 1,800 yuan per mu; 14 to 20 years with an average compensation of 1,800 to 3,000 yuan per mu; For more than 21 years, the average compensation per mu is 1,200 yuan;

2. The compensation fee for oak trees is 1,200 yuan per mu for 1 to 3 years; 4 to 20 years, the average compensation per mu is 1800 to 3000 yuan; 21 to 50 years, the average compensation per mu is 4,400 to 6,000 yuan; For more than 51 years, the average compensation per mu is 2,400 yuan. The compensation rate for occupied trees is different depending on the nature of the tree and the age of the tree. if it does not constitute a crime, it shall be punished in accordance with the provisions of public security administrative punishments, and shall be detained for not less than 5 days but not more than 10 days; Where the amount of trees destroyed constitutes a crime, the sentence is up to three years imprisonment, short-term detention or a fine.

Legal basisArticle 1165 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Article 1184 of the Civil Code of the People's Republic of China infringes upon the property of others, and the property loss shall be calculated in accordance with the market or other reasonable methods at the time of occurrence and the loss. Article 1187 of the Civil Code of the People's Republic of China provides that after the occurrence of damages, the parties may negotiate the payment method of compensation. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.