There is a general public perception that they have the right to dispose of their own trees. However, in real cases, the act of cutting down one's own trees without permission is not completely unrestrained, and may even violate the criminal law under certain conditions, and face the risk of imprisonment. Below byShi Xining, chief lawyer of Beijing Jingkang Law FirmLet's talk to you. 1.Practical examples
On March 7, 2023, the defendant Chen contracted 50 acres of forest land to a village for planting trees, and the land is still disputed. Between March 20 and 21, 2023, Chen was discovered and stopped by villagers when he hired a cutter to cut down the trees he had contracted to plant without obtaining a forest felling permit. After identification: the forest area of forest land was cut down indiscriminately without applying for a forest felling permit 32343 acres, the total stock of felled trees is 3188 cubic meters, equivalent to about 22 tons of material32 cubic meters.
Indiscriminate felling of forests has destroyed the country's forestry resources and seriously jeopardized the development of the national economy and the natural ecological balance. According to Article 345 of the Criminal Law of the People's Republic of China, whoever violates the provisions of the Forest Law by indiscriminately felling forests or other large quantities of trees shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or control, and/or a fine; where the amount is huge, the sentence is between three and seven years imprisonment and a concurrent fine.
2.Legal Provisions
China's "Forest Law" clearly stipulates that felling trees must be subject to felling permits in accordance with the law, and strictly abide by the felling quota and operating procedures. Although the ownership of self-planted trees belongs to individuals, when they reach a certain size or involve special areas and species, they are also managed in accordance with relevant regulations. In addition, Article 345 of the Criminal Law stipulates that anyone who cuts down forests or other trees without a license in violation of the provisions of the Forest Law shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, the sentence is between three and seven years imprisonment and a concurrent fine.
3.Circumstances constituting an offence
1) Failure to apply for a felling permit: Regardless of the ownership of the tree, as long as the felling permit is not obtained in accordance with the regulations, the forest is cut down without permission and reaches a certain number of standards, which may constitute the crime of indiscriminate felling of trees.
2) Damage to the ecological environment: Even on one's own land, if the act of felling leads to damage to ecological functions, such as the disorderly felling of trees in important ecological function areas such as water conservation areas and wetland reserves, it may also constitute related environmental crimes.
3) Precious and endangered tree species: Unauthorized felling of national key protected plants or provincial key protected wild plants may constitute the crime of illegal felling and destruction of national key protected plants according to the relevant provisions of the Criminal Law.
4.If you need to cut down, go to ** to go through the procedures
According to the provisions of Article 56 of the Forest Law of the People's Republic of China, a felling permit shall be applied for for felling trees on forest land, and felling shall be carried out in accordance with the provisions of the felling permit; Felling of bamboo forests outside nature reserves does not require an application for a felling permit, but shall comply with the technical regulations for forest felling. Rural residents do not need to apply for a felling permit to harvest sporadic trees on their own land and in front of and behind their houses. (For specific information, please consult the township convenience service center or forestry ** department).
The third paragraph of Article 57 of the Forest Law of the People's Republic of China stipulates that the felling of forest trees on the collective forest land contracted by rural residents shall be issued by the people's forestry department at the county level or the township people's people entrusted by it.
To sum up, it is important to remind everyone that cutting down one's own trees without authorization is not equivalent to absolute freedom, especially when it involves national interests such as ecological security and resource protection and social public interests, such behavior may cross the boundary of civil infringement and touch the red line of criminal violations. Therefore, respecting the law and acting in accordance with the law is a basic principle that every citizen, including forest owners, should adhere to.
Director Shi reminded
Demolition and relocation is a long-term struggle, which requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. For non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.