Analysis Of A Power Company And Other Cases Suspected Of Illegal Harvesting Of State Key Protected Plants

As an important natural resource,wild plants have high research value in ecological,economic and social aspects.Wild plants can directly or indirectly provide materials and energy for heterogenic organisms,and can meet the needs of the energy cycle of natural substances.Wild plants not only play an important role in providing food,medicine and industrial and agricultural production,but also play an important role in the balance of ecosystems and the improvement of human science and technology.It can be said that the protection and development of wildlife resources are of great significance for maintaining biodiversity and ecological balance,and promoting the sustainable development of society.On December 28,2002,China adopted the Amendment to the Criminal Law(4),which expanded the protection object from the original "precious trees" to "precious trees and other plants under the state's key protection",which is a great progress in legislation.Corresponding to the criminal legislation of wildlife protection plants,there are still some practical problems in the identification and treatment of criminal justice.If these problems are not properly solved,they will have a negative impact on the process of governing our country by law.The traditional theory of four elements of crime does not include emergency evasion.In judicial practice,it is easy to neglect emergency evasion so as to incorrectly convict the crime of illegally harvesting key protected plants under the guidance of crime constitution theory.To determine crimes under the guidance of stratum theory,from objective to subjective,we should examine the causes of illegal obstruction in advance,step by step,and proceed in sequence.Under the current situation that the prevailing theory of constitution of crime has been well known,mastered,recognized and applied by the judicial personnel,stratum theory can be used as a supplementary verification measure or means to guide the determination of crime,and then gradually popularized and applied.There are four controversial focuses in the case: first,how to identify the crime of illegal logging of state key protected plants;second,how to define the national key protected wild plants;third,how to identify emergency refuge;fourth,how to apply criminal non-prosecution in judicial practice.Starting with the theory of criminal stratum,this paper analyses the identification of camphor as the object of the crime of illegally harvesting the state's key protected plants.It is in the public interest for electric power enterprises to prune or cut down the super-high trees which endanger the safety of electric power facilities in the protection area of high-voltage overhead power lines.It should be recognized as emergency refuge,and accordingly,emergency refuge should be legally(absolutely)not prosecuted.How to accurately identify and deal with the case,on the basis of referring to the opinions of scholars and judicial officials,put forward their own understanding and opinions.It is suggested that the legislature further clarify the concepts of "wild" and "native place",so as to facilitate the accurate implementation of the judicial organs.It is suggested that relevant administrative departments issue documents to unify and standardize the identification procedures,standards and methods of key protected wild plants.It is suggested that relevant administrative departments conduct research and demonstration to delete Cinnamomum camphora from the list of national key protected wild plants.At the same time,we should intensify the publicity of wildlife protection and publicize and educate the common vulnerable cases.Electric power enterprises should request the competent authorities to issue relevant normative documents to remove hidden plant hazards in high-voltage power line protection areas.