Under The Perspective Of Ecological Security Study Denudation Trees Sin

Forest is one of the important parts of land ecological system, and also is a big treasure of species genes. Forest can not only offer wood and other forest products to human beings, but also can adjust the climate, protect water and soil, purify air and other important ecological function,that is why the forest is named as"the lung of the earth".However,the situation of the forest resources is not optimistic in China now, the forest resources is declined sharply, so our country has made it clear to protect the forest resources, the important environmental resources, and has intensified intervention towards damage behavior to forest.Even so,some people still choose bold when facing the attractive profit which the forest resources brought,the cases of the denudation of the forest is frequently occurring.The excessive cutting and felling of trees in our country has become the main killers of forest resources,the protection of forest resources has no time to delay, the administrative law is not enough,the criminal law is eagerly needed to stun such behavior,in order to build the red line of forest resources protection.At present,the relevant provisions of the crime of illegal denudation in our country’s criminal law is not perfect, therefore, how to perfect the relevant provisions of crime of illegal denudation in criminal law, and further up the protection of the forest resources in our countryr are important issues to be discussed in this pape.This paper is based on the die rechtsgutstheorie of crime of illegal denudation as the breakthrough point,and has analyzed and discussed the related problems of crime of illegal denudation and ecological security, and puts forward the consummation opinions of the related environmental criminal law system, so that the legal system can adapt to the need of the protection of the forest resources in our country.Specifically, this article mainly includes the following four aspects:Part one,the related the theory of crime of illegal denudation. This part has mainly discussed the relevant provisions of the crime of illegal denudation in our country’s criminal law,the legislation history, the relevant provisions and concepts constitute of foreign country,in order to have a whole understand of this sin from theory.Part two,the rechtsgut and the target of crime of illegal denudation. The forest resource has two aspects of value towards human beings that are economic one and ecological one,however, the regulations of crime of illegal denudation has not confirm the ecological value.From the perspective of rechtsgut,our nation only focus on the management of forest resources, and ignores the forest ecological value.Along with the development of forestry ecological construction, the rechtsgut of crime of illegal denudation should contain the content of the ecological security, to adapt the management system of the protection of forest resources.The target of crime of illegal denudation reflects the rechtsgut,from the point of maintaining the ecological safety,this part has analyzed crime of illegal denudation’s ordinary and some special criminal object.Part three,the leaks and maturity of the convicted standard and measurement of penalty of crime of illegal denudation.The convicted standard of crime of illegal denudation is only based on the numbers, has neglected the forest ecological value which should be taken into account,and the kinds of trees, value, and other factors also should make as reference.Otherwise,the sentencing starting point and the range of the sentence of this crime is not scientific, remain to be improved.Part four,the bearing of criminal responsibility of the crime of illegal denudation.The damage that the crime of illegal denudation cause toward the environment is long lasting, traditional criminal sanctions can’t adapt to the needs of punishing and preventing the crime of illegal denudation, the realization of the criminal responsibility form must make corresponding improvement, should not only from the original system of punishment,but also should includethe improvements to the punishment measures.