Research On The Law Criterion Of Timber Illegal-logging In China

Since the beginning of 21st century, the issue on timber illegal-logging and related trade has become one of the hotpots in the field of sustainable development. With the forestry globalization prevailing, including the forestry rules globalization, the forestry production globalization, the forestry investment globalization and the forestry products trade globalization, the illegal-logging issue turns to be more and more important. On the background of climate change, the role of forestry brings out much concerns on the illegal-logging issue. The western countries think that illegal-logging lead to deforestation and ecological degradation, hit the community livelihood depending on forest, and hinder the national and regional sustainable development, weaken the people to obey the consciousness of the laws and regulations, harmed the country and the international community safety, and relevant trading produced by illegal-logging have already effect the international normal timber trade. As the illegal-logging these effects, western countries have revised or issued bills on attacking illegal-logging.This paper analyzes the reason of the illegal logging, determines the"The Forest Law of the People's Republic of China". Based on《Forest Law of The People's Republic of China》,《Regulations for the Implementation of Forestry Law of the Peoples Republic of China》,《Criminal Law of the People's Republic of China》,《Regulations of the People's Republic of China on Nature Reserves》,《Regulations for the Implementation of the law of the People's Republic of China on the entry and exit plant quarantine》etc, mainly 11 laws and regulations as the legal basis to judge the timber illegal logging in China and illegal felling, steal felling and over timber production plan as the 26 particular indexes of the mainly illegal logging manners, based on full understand of China's forest management system and forest relevant laws and regulations; In order to provide the practical indexes, after research on the domestic and foreign literature about the illegal-logging, this paper presented the definition of illegal-logging, as which could judge one behavior belongs to the illegal logging or not. So it could be concluded that if it was able to ensure the legality of timber in the system consist of forest cutting license, wood transportation license, wood processing license management, and the logging, transportation and processing were all licenced, legal and valid, these wood did not belong to illegal-logging.Illegal felling and steal felling forest and woods, harvesting forest which has important ecological protection value and is from ecological fragile areas, cutting forest and woods which over the timber production plan, illegal logging and destroying rare trees, Changing the forest land use without authorization, cutting in nature preservation areas and illegal authorization requisition and take up forest land, these 9 indexes are the mainly indexes to judge illegal logging. Control these 9 illegal logging activities is basic to ensure the legitimacy of timber in China under the impeccable forest legal systems and sound forest management systems.One of the innovations in this paper is that the illegal-logging is firstly defined here. Although the illegal-logging is one of the important problems on the forest, the related research is very weak in China. In this paper, the illegal-logging is given a definition on the aspect of laws and regulations. According to the results of this paper, we can easily judge whether some behavior belongs to illegal-logging or not.