【 Case 】 In order to cultivate tea, Wu Mouliang and three others jointly cut down most of the trees planted in a certain mountain field in the early years without the approval and permission of the forestry administrative department, and planted tea seedlings after leveling the mountain field with excavators and hoes. Afterwards, the three of them once again cut down the remaining trees in the involved mountain field, leveled the mountain field, and planted tea trees. After appraisal, the area of the logged mountain field is 12.9344 acres, with a total of 1064 trees and a standing timber volume of 78.4553 cubic meters. After the incident, Wu Mouliang and three others surrendered to the public security organs and voluntarily paid for afforestation, which was used to commission a third-party state-owned forest farm to replant and green 13 acres in a different location. The court held that the defendants Wu Mouliang and others violated the provisions of the Forest Law by illegally felling their own forest trees without obtaining a forest logging license from the forestry administrative department. The excessive felling of a large number of trees violated the national protection and management system for forest resources, damaged the local ecological balance, and affected the sustainable development of the ecological environment. Taking into account the status, role, and criminal circumstances of the three defendants in the joint crime, they were sentenced to imprisonment ranging from one year to one month and fined for the crime of indiscriminate felling of trees. Whether the logging method and amount are appropriate or not is directly related to the rational utilization of forest resources and forest reproduction issues. In order to prevent excessive logging and other situations, the law has established a forest logging quota system and a forest logging permit system, and logging must be carried out in accordance with the law. According to the Forest Law of our country, logging trees on forest land should apply for a logging license and be carried out in accordance with the provisions of the logging license. Rural residents do not need to apply for a logging permit to harvest scattered trees on their own land and in front and behind their houses. At the same time, according to the Criminal Law of our country, those who violate the provisions of the Forest Law by indiscriminately felling forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, detention, or public surveillance, and shall also or only be fined; Those with a large quantity shall be sentenced to imprisonment of not less than three years but not more than seven years and fined. The court reminds that logging trees in violation of legal regulations, even if it is logging one's own trees, still requires corresponding legal responsibilities. The act of destroying public welfare forests or self preserved mountain commercial forests and planting economic crops without approval from the forestry administrative department, or failing to complete reforestation in accordance with relevant regulations, not only violates the national protection and management system for forest resources, but also has adverse effects on the stability of the local ecosystem due to the differences in ecological functions of different tree species. In order to enhance the public's awareness of abiding by the law, the court, while imposing penalties in accordance with the law, used this case as a typical example to carry out the "trial to the countryside+sending the law to the village" publicity campaign, reflecting the people's court's commitment to using the strictest system and the strictest rule of law to build a strong judicial barrier for ecological protection. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:people.com.cn
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