If it belongs to 1992, the Ministry of Forestry clearly stipulates that 37 kinds of trees such as Ginkgo biloba are national first-class precious trees, and 95 kinds of trees such as Nanmu and Hongdu are national second-class precious trees; The logging of precious trees must be approved by the Ministry of Forestry; The logging of Grade II precious trees must be approved by the Provincial Forestry Department or its authorized unit.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources
(Adopted by the Judicial Committee of the Supreme People's Court at its 1 14 1 meeting on 7 October 2000)
Zhengfa [2000] No.36
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources, published by the Supreme People's Court, People's Republic of China (PRC), was adopted at the11meeting of the Judicial Committee of the Supreme People's Court on June 7, 2000, and is hereby promulgated.
2000 1 1 22nd.
In order to punish the criminal activities of destroying forest resources according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of such cases are explained as follows:
Article 1 The term "precious trees" as mentioned in Article 344 of the Criminal Law includes ancient and famous trees with great historical commemorative significance, scientific research value or a long history as determined by the forestry authorities at or above the provincial level or other departments, precious trees whose export is prohibited or restricted by the state, and trees listed in the national list of key protected wild plants.
Article 2 Illegal logging and destruction of precious trees shall be considered as "serious" under any of the following circumstances:
(a) illegal felling of more than two plants in precious trees or destruction of precious trees, resulting in the death of more than three plants in precious trees;
(two) illegal felling of more than two cubic meters in precious trees;
(3) Organizing, planning and directing illegal logging or destroying precious trees;
(4) Other serious circumstances.
Article 3 Whoever, for the purpose of illegal possession, has one of the following circumstances, and the amount is relatively large, shall be convicted and punished for the crime of illegal logging in accordance with the provisions of the first paragraph of Article 345 of the Criminal Law:
(a) unauthorized felling of forests or other trees owned by the state, collectively owned, owned by others or contracted by others;
(two) unauthorized felling of forests or other trees contracted by units or individuals;
(3) Cutting forests and other trees that are owned by the state, collectively owned, owned by others or contracted by others outside the places specified in the tree cutting license.
Fourth illegal felling of trees "a large number", starting from two to five cubic meters or one hundred to two hundred young trees; Illegal felling of trees is "huge", starting from 20 to 50 cubic meters or 1000 to 2000 young trees; Illegal felling of trees is "extremely huge", starting from 100 to 200 cubic meters or 5000 to 10000 young trees.
Article 5 Whoever, in violation of the provisions of the Forest Law, has one of the following circumstances, and the number is relatively large, shall be convicted and punished for the crime of deforestation in accordance with the provisions of the second paragraph of Article 345 of the Criminal Law:
(a) without the approval of the administrative department of forestry and other competent departments prescribed by law, and issuing the forest cutting license, or holding the forest cutting license, but in violation of the time, quantity, tree species or methods stipulated in the forest cutting license, cutting forests or other trees owned by units or individuals without authorization;
(2) cutting forests or other trees in excess of the quota stipulated in the tree cutting license.
Before the ownership of trees is confirmed, one party to the dispute cuts down forests or other trees without authorization, and if the number is large, it shall be punished as the crime of deforestation.
Article 6 Deforestation in "large quantities" shall start with 10 to 20 cubic meters or 500 to 1000 young trees; Cutting down trees is "huge", starting from 50 to 100 cubic meters or 2500 to 5000 small trees.
Article 7. If a small number of trees have been illegally felled for many times within one year without being punished, the number of illegally felled and wantonly felled trees has accumulated, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 8 Whoever unlawfully and wantonly fells precious trees and violates the provisions of Articles 344 and 345 of the Criminal Law at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 9 Whoever steals trees owned by the state, collectively or owned by others for personal use, or steals scattered trees planted in front of others' houses or private plots, if the amount is relatively large, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.
Article 10 The term "illegally purchasing trees that are illegally felled or felled" as stipulated in Article 345 of the Criminal Law means knowing or should know. In any of the following circumstances, it can be considered as knowing, except that there is evidence to prove that it is obviously deceived:
(a) the acquisition of timber in illegal timber trading places or sales units;
(two) the purchase of timber is sold at a price significantly lower than the market price;
(three) in violation of the provisions of the acquisition of timber for sale.
Eleventh any of the following circumstances, which belongs to the illegal acquisition of illegal logging, deforestation forest "serious":
(a) illegal acquisition of illegal logging, deforestation of more than twenty cubic meters or more than one thousand young trees;
(two) illegal acquisition of illegal logging, illegal logging in precious trees more than two cubic meters or more than five plants;
(3) Other serious circumstances.
In any of the following circumstances, it is a "particularly serious" illegal acquisition of illegal logging in forest areas:
(1) illegally purchasing more than 100 cubic meters of illegally cut and wantonly cut trees or more than 5,000 young trees;
(two) illegal acquisition of illegal logging, deforestation in precious trees more than five cubic meters or more than ten plants;
(3) Other particularly serious circumstances.
Article 12 Any staff member of the competent forestry department who violates the provisions of the Forest Law, issues a forest cutting license in excess of the approved annual cutting quota or issues a forest cutting license indiscriminately in violation of the provisions shall be convicted and punished for the crime of illegally issuing a forest cutting license in any of the following circumstances:
(a) the number of trees allowed to be cut by issuing a forest cutting license exceeds the approved annual cutting quota, resulting in the amount of forest cutting exceeding ten cubic meters;
(two) the indiscriminate issuance of forest cutting licenses, resulting in deforestation of more than 20 cubic meters;
(three) the indiscriminate issuance of forest cutting licenses, resulting in deforestation in precious trees;
(four) approved the felling of trees prohibited by the state, and the circumstances are bad;
(five) other serious circumstances.
Article 13 Whoever forges, alters or buys or sells forest cutting licenses, timber transport certificates, certificates of ownership of forests, trees and woodlands, approval letters for occupation or requisition of woodlands, afforestation funds and other forestry certificates approved by state organs, if the case constitutes a crime, shall be convicted and punished for the crime of forging, altering or buying or selling official documents and certificates of state organs in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
Whoever buys and sells business licenses such as import and export licenses and commits the crimes stipulated in Articles 225 and 280 of the Criminal Law at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Fourteenth people looting trees more than five cubic meters, belonging to the mob looting "a large amount"; Gathering people to plunder trees of more than 20 cubic meters is a "huge amount". The ringleaders and active participants shall be convicted and punished for the crime of gathering people to illegally cut down trees in accordance with the provisions of Article 268 of the Criminal Law.
Fifteenth illegal seed picking, fat picking, digging bamboo shoots, digging roots, peeling and other acts. And get a large amount of economic benefits, in accordance with the provisions of Article 264 of the Criminal Law, convicted and punished for theft. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 16 Where a unit commits the crimes stipulated in Articles 344 and 345 of the Criminal Law, the standards for conviction and sentencing shall be implemented in accordance with the provisions of this Interpretation.
Article 17 The number of trees specified in this Interpretation shall be calculated according to the stock volume, and the calculation method is: the log volume divided by the wood output of tree species.
Young trees mentioned in this interpretation refer to trees with DBH less than 5 cm.
The cutting quantity should be calculated above the allowable error of investigation and design in the cutting area.
Article 18 The higher people's courts of the relevant provinces, autonomous regions and municipalities directly under the Central Government may, with reference to the spirit of the above provisions, formulate specific standards for their own areas and report them to the Supreme People's Court for the record.
Article 19 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in their respective regions, determine the specific quantification standards implemented in their respective regions within the quantification ranges specified in Articles 4 and 6 of this Interpretation, and report them to the Supreme People's Court for the record.