Guo Donglin And Unlawfully Cut Trees Crime Research

This paper analyzes some long term disagreements regarding the liability and penalty on illegal logging based on the research upon the real case of illegal felling of trees by Dong Ling Guo. The relationship between the number scale of illegal logging and the conviction as well as penalty is discussed and procedures to estimate the number scale of the illegal logging are also provided as an attempt to set the pattern of evaluation system; the verdict of the accomplice in such crime is believed to be done according to the number of trees illegally removed to obtain a balanced conviction; to discriminate the completed from the uncompleted ofifence according to the substantial damage of the forest is also involved. In addition, the author further systematically discusses the theoretical foundation, the practical significance and system value of the compensational forest from the study of the jurisprudential principles, thus draws the conclusion that compensational forest is based on the theories of civil damage compensation and criminal punishment, so it gives a reasonable verdict to this specific crime.