Zhang Moumou, a farmer in Muchuan County, Leshan City, Sichuan Province, sold wild Phoebe bournei at a price of 1500 yuan, and was put on file for investigation by the People's Procuratorate of Muchuan County for the crime of endangering green plants under special state protection. After evaluation, the cut trees are Phoebe bournei of Machilus of Lauraceae, and the storage volume is 1.438+05 cubic meters.
On February 7th, 12309 China Monitoring Network released the civil indictment of the case. Muchuan County People's Procuratorate believes that Zhang Moumou illegally sells green plants under state protection, and customer Liao Moumou illegally cuts down green plants under state protection, all of which violate Article 344 of the Criminal Law of People's Republic of China (PRC). The case is clear and the direct evidence is true and sufficient. Therefore, the legal responsibility should be investigated for the crime of endangering the green plants under special state protection. According to the requirements of Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), the case is put on file for investigation, and please be sentenced according to the law.
The case caused opposition on the Internet. Some netizens said, "The tree in our family is legal property. Why should we file a case for investigation?" "Is there no difference between' our home' and' wild'?"
Some people think that the sale of nanmu in Zhang Moumou belongs to its "legal property". With regard to this matter, lawyer Lin Xiaoming informed that the Reply on Issues Concerning the Application of Article 344 jointly issued by the Supreme People's Court and the Supreme People's Procuratorate clearly stipulated the species of precious trees or other green plants under state protection, the understanding and application of illegally planting green plants under state protection and other related issues, and the ancient and famous trees and their wild plants included in the list of wild plants under state protection belonged to' precious trees or other green plants under state protection' as stipulated in Article 344 of the Criminal Law.