(1) Criteria for filing cases of deforestation: According to the criteria for filing criminal cases of forest and terrestrial wildlife under the jurisdiction of the State Forestry Administration and the Ministry of Public Security, the starting point for filing cases of deforestation or other forest trees is 10 cubic meter to 20 cubic meters or 500 to 1000 young trees; Deforestation of more than 50 cubic meters of trees or more than 2500 young trees is a major case; Deforestation of more than 65,438,000 cubic meters of trees or more than 5,000 young trees is a particularly serious case. Laws and regulations such as the Forest Law and the Detailed Rules for the Implementation of the Forest Law clearly stipulate forest management, forest protection, forest harvesting and legal responsibilities. Cutting trees must apply for a cutting license, and cutting shall be carried out according to the provisions of the license. According to the principle that the consumption of timber forest is lower than the growth, the state strictly controls the annual cutting amount of forest. Separation of forest ownership, use right and cutting right. You can't cut down trees without the approval of the relevant departments because you have the ownership and use right, or arbitrarily cut down trees in violation of the location, quantity, type and method stipulated in the cutting license. Even if you get the cutting license, it may constitute the crime of deforestation. A large number of deforestation is an important content of the crime of deforestation. According to the Interpretation of Several Issues Concerning the Application of Laws in Handling Cases of Illegal Logging and Deforestation, a large number of starting points are that in forest areas, illegal logging of trees can generally be controlled at l0 cubic meters to 20 cubic meters or 500 to 1200 young trees. In non-forest areas, deforestation can generally be controlled at 5 cubic meters to 10 cubic meters, or 250 to 600 young trees, or equivalent to the above losses. The number of trees felled illegally is close to the above provisions, but under any of the following circumstances, it shall be convicted and sentenced according to the above provisions: 1, leading organizations, planning, instigating others to cut trees illegally, or destroying vegetation area, resulting in the loss of forest resources; 2. Deforestation of shelter forests, economic forests and special-purpose forests; 3. Always deforestation or incorrigible; 2, deforestation does not listen to discourage, or threat to forest protection personnel; 5 other serious deforestation, such as deforestation of rare trees. Deforestation of trees does not reach a large number, which does not constitute a crime and belongs to a general illegal act. According to the provisions of Article 34, paragraph 1 of the Forest Law, the competent forestry authorities shall order the replanting of trees with five times the number of trees cut down indiscriminately, and impose a fine of 2-5 times the illegal income. (2) The sentencing standards for the crime of deforestation are as follows: 1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. 2. Whoever has a huge quantity (50 to 100 cubic meter or 2,500 to 5,000 young trees) shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. 3. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions. 4, deforestation of forests or other trees in national nature reserves, shall be given a heavier punishment. Objectively speaking, this crime is manifested in a large number of acts of deforestation or other forest trees in violation of the provisions of the forest law. 1, there must be a violation of the provisions of the forest law. Violation of the provisions of the forest law includes violation of the relevant provisions of the forest law enacted by the legislature, violation of the provisions on forest protection formulated by the State Council in accordance with the provisions of the forest law, and violation of the departmental regulations on forest resources protection formulated by the national forestry authorities in accordance with forest laws and regulations. 2, in violation of the provisions of the "Forest Law" behavior must be deforestation or other forest behavior. Although there are acts in violation of the provisions of the Forest Law, they do not belong to illegal logging and deforestation of other trees, but belong to illegal logging, deforestation, destruction of state key protected plants, illegal acquisition, transportation, processing and sale of state key protected plants and their products, and cannot constitute this crime. 3, the number of deforestation must reach a large number to constitute this crime. Although there are acts of deforestation in dense forests or other trees, but the number has not reached a large level, it cannot be punished as this crime.
Legal basis:
Whoever commits the crime of deforestation shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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. Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.