Recently, a case on whether artificially planted camphor trees are national key protected plants has sparked widespread heated discussions. In this case, Ma Wanlin, a man from Xuyong County, Luzhou, Sichuan, was sentenced for selling 26 camphor trees planted by his father to others. Ma Wanlin argued that these trees were planted by his father and did not belong to the national key protected plants, while the court held that even the cultivated camphor trees still belonged to the scope of national key protected plants due to their rare species. On this issue, the court and the Forestry Administration have different views on whether the artificially planted camphor tree is a key protected plant, which has raised questions about the judicial decision.
In this case, the court ruled that the camphor tree in question was a national key protected plant on the grounds that even if it was transplanted artificially, it was grown in a natural environment, and its species nature was still rare. This view was upheld by the courts. In addition, the Supreme People's Court and the Supreme People's Procuratorate have also pointed out in their guiding publications that plants under national key protection include both wild and artificially cultivated plants. This means that artificially planted camphor trees should indeed be regarded as national key protected plants.
Ma Wanlin's younger brother Ma Wanchun mentioned in his defense that according to the judicial interpretation of the Supreme People's Court and the Supreme People's Court in 2020, artificially cultivated plants do not belong to the precious trees or other plants under national key protection as stipulated in Article 344 of the Criminal Law, except for ancient and famous trees. He also mentioned a large number of guiding cases proving that artificially planted camphor trees are not classified as national key protected plants. Therefore, he believes that the camphor trees sold by Ma Wanlin should not be recognized as illegal national key protected plants.
In the case, not only Ma Wanchun and Ma Wanlin's defenders raised questions about whether the artificially planted camphor trees were national key protected plants, but also professionals expressed concerns about the court's verdict. According to people familiar with the matter, the Luzhou Intermediate People's Court cited an internal meeting minutes when making its ruling, and this meeting minutes have become the basis for the court's law enforcement decisions in judicial practice, but there is controversy over whether it is legal and reasonable. In addition, the relevant judicial interpretation issued by the Supreme People's Court clarifies that artificially cultivated plants are not classified as national key protected plants, but the interpretation was issued after the case was concluded, so it cannot be directly applied to the case.
To sum up, the court and the Forestry Administration have different views on the issue of whether the artificially planted camphor tree is a national key protected plant. Ma Wanlin has filed a complaint with the Supreme Court to change the verdict. However, the large number of legal interpretations and related guiding cases involved in the case has increased the difficulty of handling the case. For such an important judicial issue, we need to carefully weigh the views and evidence of all parties and make a fair and reasonable ruling. At the same time, the judiciary should also strengthen professional training and awareness to ensure the consistency and authority of judicial decisions, so as to maintain the public's trust and respect for the judiciary. Man suspended sentence for selling 26 camphor trees