Study On Issues Related With Crime Of Illegally Chopping Down Trees And Crime Of Illegal Denudation

Crime of illegally chopping down trees and crime of illegal denudation are the main crimes of destroying forest reserves, and are the most serious crimes with highest rate among all crimes of destroying forest reserves. As there is still little attention paid to both basic theories and applied study of these two crimes comparatively, legislation of these two crimes is delayed comparatively. Based on basic theories of these two crimes, this dissertation focuses on complicated and difficulty issues of these two crimes after studying related cases. This dissertation focuses on six issues related with these two crimes. 1. Definition of these two crimes. After discussing the meaning of illegally chopping down trees and illegal denudation, the author gives new definitions of these two crimes and points out the key element of these two crimes is the ownership of trees. 2.Object and target of these two crimes. The author points out that the object of crime of illegal denudation simple object while the object of crime of illegally chopping down trees is complicated object with which is deeply analyzed in this section. This section also provides what does "forest trees and other woods", as the target of crime of illegally chopping down trees, mean and what does "forest trees and other woods"include. Whether the "trees fallen down "and "trees withered "should be the target of crime of illegally chopping down trees or not is discussed in this section. 3.Objective elements of these two crimes. The author points out that the objective elements of these two crimes consist of three elements and there are three criteria for the judgment on the objective elements of these two crimes. The three criteria are criterion for judgment on action, criterion for judgment on facts and consequence. 4.Subject of the two crimes. The subject of the two crimes can be natural person and artificial person on which causes heated argument. This section pays mach attention to whether such units as villagers'group, villagers'committee, township government, Party committee of township and Party branch of hamlet can be the subject of the two crimes. 5. Several concrete problems on the judgment of these two crimes. Such issues are these that whether action of unlicensed denudation is crime or not, whether the targets of the two crimes include economic forest, whether denudation in cutting areas wrongly designed is crime or not, illegal denudation caused by staff members of administrative department in charge of forest abusing their powers constitutes what kind crime, whether denudation with illegal license is crime or not and cumulative punishments of multiple crimes related with these two crimes. 6.Several proposals for punishment for these two crimes. This chapter focuses on issues such as statutory aggravating circumstances, statutory penalty of the crime of illegally chopping down trees and digging old and precious trees.