Study On The Application Of The Crime Of Illegally Cutting And Destroying State Key Protected Plants

The crime of illegally cutting and destroying the state's key protected plants is a new crime added through the amendment of Article 6 of the fourth amendment to the criminal law.The establishment of the crime reflects China's determination to protect the key plants,guarantee the balance of ecological resources and maintain the biodiversity.Nowadays,with the continuous development of national economy,people's logging and destruction of plant resources are also increasing.China's criminal law and relevant judicial interpretations have made relevant provisions for the state's key protected plants.The author finds out the difficult problems existing in the judicial application process of this crime through relevant cases,and puts forward corresponding feasible suggestions through theoretical analysis,with a view to obtaining Better protect the national key plant resources.This paper introduces the research background,purpose,significance and research status at home and abroad of the crime of illegal logging and destruction of key protected plants.At present,there are disputes on the understanding and application of the crime of illegal logging and destruction of State Key Protected Plants in China.Through literature research and other research methods,this paper analyzes several prominent problems in the judicial application of the crime of illegal logging and destruction of state key protected plants,and puts forward some suggestions by referring to the relevant criminal laws and regulations of plant protection abroad and combining with the actual situation of China Corresponding solutions.First of all,there are different understandings on the scope of the crime object of illegally cutting and destroying the State Key Protected Plants in China,the lag of relevant judicial interpretations is not clear about the scope of the crime object,and the judicial authorities have different views on whether the special circumstances or types of State Key Protected Plants belong to the crime object,such as the artificially cultivated state key protected wild plants,natural death Whether the dead state key protected plants,the plants in the appendix of the Convention on national trade in endangered species of Wild Fauna and flora,the farmers' private plots and the scattered precious trees in front of and behind the houses belong to the state key protected plants are difficult to be recognized in judicial practice.The different standards applied by the courts in different regions lead to different results,resulting in confusion in judicial application.Secondly,how to judge whether the perpetrator of the crime of illegal logging and destroying the state's key protected plants is intentional or negligent,and whether the perpetrator needs to know what content and degree the perpetrator needs to know the illegality is also a big problem in the judicial application of this crime.Once again,the sentence of the crime of illegal logging and destruction of the state's key protected plants is not accurate enough,ignoring many discretionary sentencing circumstances,which can not fully reflect the social harm of the behavior,and can not play a better role in punishing crime and preventing crime.At last,there is a practical dilemma in the application of non penalty measures such as replanting and green restoration when punishing the crime of illegal logging and destroying the state's key protected plants,which can not achieve the expected effect of the judiciary.Through the analysis of the scope of the crime object of illegally cutting and destroying the state's key protected plants,the author determines different judicial application standards for the special types of plants,solves the different understanding of the crime object in the judicial practice of the courts around the country,clarifies the specific standards and paths for the intentional determination of the perpetrator's crime,and lists the discretionary sentencing situations that some judicial organs should consider At the same time,it puts forward feasible suggestions for the problems in the judicial application of replanting,solves the problems in the judicial application of the crime to the greatest extent,and protects the state's key protected plants.