On Criminal Law Regulation Of The Crime Of Destroying Forest Resources In China

In recent years,the crime of destroying forest resources occurs frequently in China,so it is urgent to regulate this kind of crime by criminal law.The crime of destroying forest resources includes destroying forest plants and destroying terrestrial wild animal resources.With the development of science and technology,the crime gradually presents the characteristics of concealment and contingency,large-scale crime,complicated personnel and high-tech criminal means,which brings difficulties in collecting clues,investigating and obtaining evidence and so on.The realistic dilemma of fighting against the crime of destroying forest resources in China is mainly reflected in the lack of criminal legislation,the difficulty in the identification of criminal justice,and the weak connection between civil and criminal law and execution of penalty.In terms of criminal legislation,articles 341,344,345 and 346 of the current criminal law provide the basis for conviction and sentencing of the crime of destroying forest resources.However,there is still a lack of attention to ecological legal interests,lack of provisions on non penalty punishment methods,and low statutory penalty.In the aspect of criminal justice,in practice,there are great disputes on the identification of the subject and subjective aspects of such crimes.The identification of crime and non crime is vague,and it is too simple to take the number of illegally felled trees as the only basis for sentencing.Moreover,China's criminal legislation against the crime of destroying forest resources is out of line with the multi-source clue collection mode of public interest litigation system,and the specific provisions do not reflect the differentiated management principle of "separate management of commercial forest and public welfare forest" established by the new "forest law".At the same time,the forest public security personnel shortage,legal literacy is not high,law enforcement problems,to a certain extent,enhance the probability of forest resources destruction crime.In view of the above practical problems,we can effectively fill the loopholes in criminal legislation by adopting the legislative mode with Criminal Code as the core and separate criminal law as the supplement,adding non-penalty measures such as "replenishment order" and "nurturing order" and optimizing the penalty standards can effectively fill the loopholes in criminal legislation.Refining and clarifying the sentencing standard of cases,filing criminal incidental civil public interest litigation for the crime of destroying forest resources with serious circumstances and great social harm,and strictly restricting the judge's discretion can solve the difficult problem of identifying such crimes in judicial practice.Finally,clarifying the source of law enforcement power of forest Public Security,improving the internal management and supervision mechanism,and improving the legal literacy of law enforcement personnel can innovate the law enforcement methods of forest Public Security,timely find illegal acts that destroy forest resources,and avoid its further deterioration into crimes.Only by combining criminal legislation,criminal justice and administrative law enforcement,can we seek solutions to the criminal law regulation of the crime of destroying forest resources in China.