Malicious destruction of trees refers to the act of cutting precious trees, which belongs to the unit, hilly land or contracted forest land, in violation of the provisions of the Forest Law, without obtaining a cutting license, or in violation of the location, quantity, species and methods stipulated in the cutting license, or destroying precious trees, resulting in its death or loss of safe growth conditions. There must be both "deliberate destruction of property" and "destruction of trees".
Article 39 of the Forest Law
Illegal felling of forests or other trees, compensation for losses according to law; The competent forestry authorities shall order the replanting of trees that have been illegally felled for dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of more than three times and less than ten times the value of illegally felled trees. Where forests or other trees are cut down indiscriminately, the competent forestry authorities shall order them to replant trees with five times the number of trees cut down indiscriminately, and impose a fine of two to five times the value of trees cut down indiscriminately. Refuse to replant trees or replant trees that do not meet the relevant provisions of the state, the competent forestry authorities shall replant them on their behalf, and the required expenses shall be paid by the offenders. Illegal logging and deforestation of forests or other trees, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 344 of the Criminal Law
Whoever, in violation of the provisions of the Forest Law, illegally cuts or destroys precious trees shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 345 of the Criminal Law
Whoever illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
Second, what is the standard of public security punishment for deliberately destroying forest property?
The standard of prosecution that constitutes a crime;
Intentional destruction of public or private property, suspected of one of the following circumstances, should be filed for prosecution:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) destroying public or private property for more than three times;
(3) Gathering three or more people to openly destroy public or private property;
(4) Other serious circumstances.