Research On The Crime Of Illegal Logging And Destroying National Key Protected Plants

The crime of illegally harvesting and destroying the state's key plant protection is a new offence established in the Criminal Law Amendment(4)passed in 2002.The establishment of this crime has undoubtedly played a positive role in maintaining China's ecological balance and biodiversity,but The provisions are relatively crude,coupled with the relative lag of judicial interpretation,which leads to a great controversy in the determination of this crime in judicial practice.Therefore,it is necessary to sort out and analyze the difficult problems in the judicial determination of this crime.The article explores the difficult issues of judicial recognition of this crime:(1)In terms of crime and non-crime,the state of death protects plants,artificially cultivated national key protected plants,and plants in the appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora Whether the crimes of this crime,the transplanting of key national plant behaviors,and the behavior of sporadic and precious trees owned by farmers in the land and in front of the house constitute the crime;(2)cutting and destroying precious trees,other countries focus on protecting plants The determination of "serious circumstances";(3)the subjective "knowing" determination;(4)the boundary with other similar crimes such as the crime of swindling forests;(5)the determination of the number of crimes.In response to the above-mentioned problems and controversial issues,through the analysis and discussion,I put forward my own viewpoints and related suggestions for improvement.