Qin lawyer:
My younger brother Li is a peasant in the mountainous area. In 2009, Li contracted a piece of barren hill of more than 50 acres in the town and planted a large number of trees. At the same time, he also went to the county people's government to register and create a certificate of ownership issued by the county people's government. At the beginning of this year, a timber company manager went to our town to buy wood, took a look at the wood of my brother's woodland, and signed a timber sales contract with him. My brother cut down about 500 young trees to the company without the approval of the relevant forestry authorities. (Because the forest grows up a lot, some trees need to be cut to open the gap between the trees). Last week, the public security organ detained him criminally for allegedly logging off forest trees. Excuse me, can it be a crime to cut down all the forests that you contract?
Mr. Li:
Your brother Li’s behavior violated the state forestry management system, destroyed environmental resources, and was suspected of logging illegally.
The "Forest Law" stipulates that individual forests shall be counted by the county as the unit, and the annual forest harvesting quota shall be set up and balanced by the forestry authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for approval after being examined by the people's government at the same level. Deforestation and forestry are sold as commodities and must be included in the national annual timber production plan. In this case, although your brother's felled forest is contracted by him, it should still comply with the national forestry management system and obtain a forest harvesting permit. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources", for the purpose of illegal possession, the number of forests or other trees that are contracted for management or management by themselves is large. Punishment and punishment for the crime of logging trees. The amount of illegal logging is “largeâ€, with the starting point of arbitrarily cutting down two to five cubic meters of forest trees or cutting one hundred to two hundred trees. Your brother has not approved and issued a forest harvesting permit without the approval of the forestry authorities and other competent authorities as required by law. He has cut down 500 young trees without authorization, and is suspected of the crime of swindling forests under the Criminal Law. Qin Xiyan
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