Since 2010, Zhao has contracted Peiyuan collective farmland in the north of Youfengling Village, Taitou Town, Xiangning County to plant walnut trees. In order not to affect the growth of walnut trees, in June 2017, Zhao held an ax and deliberately destroyed 20 trees with a diameter of 32 cm to 70 cm in the state-owned forest area north of Youfengling Village, Taitou Town, Xiangning County. Among them, 8 Pinus tabulaeformis and 6 Quercus liaotungensis were cut down; three pine trees and three Quercus liaotungensis were peeled.
The value of felled and debarked trees:
The equivalent standing timber volume of 20 trees is 16.9306 cubic meters, worth 32,333 yuan.
Punishment for this:
On April 20, the Luliang Mountain Forest Public Security Bureau Taitou Police Station received a report: Zhaojia Walnut near the wind outlet of Jixian Coal Mine, Taitou Town, Xiangning County The big tree next to the tree was cut down. After receiving the report, the police from the police station quickly dispatched police and went to the scene to conduct on-site investigation. This is a case of intentional damage to property. The criminal suspect Zhao was released on bail by our bureau pending trial on suspicion of intentional damage to property.
Relevant laws:
Chapter 6 Legal Liability?
Article 34 If a forest or other trees are illegally logged, and the circumstances are minor, the forestry department shall order the forestry department to compensate for the losses, replant dozens of illegally logged trees, and impose a fine of three to ten times the illegal income. . For indiscriminate logging of forests or other trees, if the circumstances are minor, the forestry department shall order the replanting of five times the number of trees that have been indiscriminately logged, and shall impose a fine of two to five times the illegal income. ?
Any illegal or indiscriminate logging of forests or other trees, if the circumstances are serious, shall be investigated for criminal liability in accordance with the provisions of Article 128 of the Criminal Law. ?
If the amount of illegal logging is huge, criminal liability shall be investigated in accordance with the provisions of Article 152 of the Criminal Law. ?
Article 35 Anyone who violates the provisions of this Law by issuing a forest logging license in excess of the approved annual logging quota or exceeding his authority shall be given administrative sanctions; if the circumstances are serious, causing serious damage to the forest If any, the person directly responsible shall be held criminally responsible in accordance with Article 187 of the Criminal Law. ?
Article 36 Anyone who forges or resells a forest logging license shall be confiscated by the forestry department and shall be fined; if the circumstances are serious, criminal liability shall be pursued in accordance with the provisions of Article 120 of the Criminal Law. ?
Article 37 Anyone who violates the provisions of this law and engages in activities such as reclamation, quarrying, sand mining, soil extraction, seed collection, grease extraction, firewood cutting, etc., causing damage to forests and forest trees, shall be prosecuted by the forestry administrative department. He was ordered to compensate for the damage and to replant one to three times the number of trees destroyed. ?
Article 38 If a unit or individual logging forest fails to complete the task of reforestation in accordance with regulations, the department that issued the logging license shall have the right to stop issuing the logging license until the task of reforestation is completed; in serious cases , the forestry administrative department may impose a fine, and the person directly responsible shall be given administrative sanctions by his or her unit or the superior authority. ?
Article 39: If the party concerned is dissatisfied with the penalty decision of the forestry administrative department, he may file a lawsuit with the People's Court within one month from the date of receipt of the penalty notice; if he fails to file a lawsuit or perform the penalty upon expiration of the time limit, the forestry administrative department shall You can apply to the People's Court for compulsory execution. ?
Chapter 7 Supplementary Provisions?
Article 40 The forestry administrative department of the State Council shall formulate implementation measures in accordance with this Law and submit them to the State Council for approval and implementation. ?
Article 41: If the provisions of this Law cannot be fully applied to an ethnic autonomous area, the autonomous organs may formulate modified or supplementary regulations based on the principles of this Law and the characteristics of the ethnic autonomous areas, and report them in accordance with legal procedures. It shall be implemented with the approval of the standing committee of the province, autonomous region or NPC. ?
Article 42 This Law shall come into effect on January 1, 1985.