On The Non-penalty Methods Of The Crime Of Illegal Logging And Deforestation Lumber Unlawfully

The crime of illegal logging and deforestation lumber unlawfully occurring frequency is the highest in the environmental crime. Ellegal logging and deforestation lumber of the forest resources in China has caused great destruction each year. With the global environment worsening, people gradually realize the urgency of protecting environment, because of paying more attention to the protection of the ecological environment by the means of law. Because of the environmental crime has its own characteristics, the environmental damage caused by the consequences of many cases are beyond repairing and remedying. A harsh with simple punishment to punish crime is not optimistic. In most cases, the behavior of people do not know their behavior has violated the provisions of the criminal law.And the penalty imposed, it is hard to get the effective implementatio because of the difficulties of life. For the unit, many enterprises prefer to use a smaller penalty to seek greater economic benefits, resulting in a vicious circle.The environmental pollution of the burden falls on the state, and for the resulting environmental damage even putting in more manpower and material resources is difficult to reverse. With the gradual increase of crime, punishment or penalty management has been difficult to adapt to the damage to the environment effectively. Many countries have begun to gradually explore and apply the non-penalty methods to solve this problem.This article take the "recovering and replanting green"system in Fujian province as the breakthrough point, to our country non-penalty methods as the basis, to explore the non-penalty methods of crime of illegal logging and deforestation lumber unlawfully in China. Puts forward some specific improvement measures and provide the reference for the environmental crime of our country in non-penalty punishment methods. Specifically, this article is divided into three parts: the first part, firstly, the status quo of the characteristics of its produce of the crime of illegal logging and deforestation lumber unlawfully in our country are described and summarized; and then from the theoretical and realistic basis of the crime of illegal logging and deforestation lumber unlawfully in non-penalty methods are discussed.Such as the theory mainly from three aspects of the criminal law of the purpose and function. The system of ecological civilization construction and the concept of restorative justice are expounded, and the practical basis is mainly from the condition of our country nowadays, forest resources and foreign practices are proving. The second part mainly analyzes the existing problems of our country in the criminal punishment measures, the crime of illegal denudation insufficient and application on legislation. In the second part, introduced the "recovering and replanting green"system in Fujian province, and the system is expounded and analyzed the specific problems. The third part said, the crime of illegal denudation in the non-penalty methods provides specific suggestions, respectively from two aspects of the applicable principles and rules. At the end of the article, the "recovering and replanting green" system from nature, system, and supporting measures are proposed. Hope these measures on the non-penalty methods of the crime of illegal logging and deforestation lumber unlawfully can provide reference for the future, and the methods can make a contribution to the system construction of ecological civilization in china...