A Study On The Judicial Determination Of The Crime Of Illegal Logging And Destruction Of State Key Protected Plants

The simple stipulation of the crime of illegal logging and destroying national protected plants in Article 344 of Criminal Law and relevant judicial explanation causes such problems as how to judge the objects of behavior,way of behavior and the range of protection of the crime in the academic circle and in Judicial Practice Department.There is not yet a clear judgment standard,therefore,judicial personnel tend to make completely different decisions on a similar behavior in practice.Therefore,the author takes the case of illegal logging of national key protected plants committed by Tan and Guo to analyze the case and studies the judicial judgement of the crime.By introducing the case,this paper tries to analyze the controversial focuses: 1.Whether the object of the crime in this case must be wild plants;2.Whether the behavior of crown cutting and root cutting belongs to destruction;3.Whether the behavior of digging and transplanting belongs to logging;4.Whether crown-cutting and root-cutting before transplantation should be judged attempted crime.On this basis,the author will study the attribute of the behavior object,the structure of behavior mode and the criminal pattern through legal interpretation,to clarify the constitutive elements of the crime of illegal logging and destroying national key protected plants and try to put forward some suggestions on the criminal legislation,investigation,treatment and precaution measures of the crime.