Study On The Application Of The Crime Of Illegal Cutting Of Forest

It is urgent to protect the forest resources because of the high rate of crime in the environment of China and the serious damage to the forest resources caused by the act of the illegal logging.With the gradual deterioration of the global environment,people have gradually realized the urgency of protecting the environment,and began to pay more attention to the use of the law to protect our ecological environment.In this paper,the research status of the crime of illegal logging in China is introduced,and the research on the illegal logging of trees at home and abroad is analyzed,and the purpose and significance of the research on the more perfect and more effective protection of forest resources by the criminal law are pointed out in this paper.This paper,on the basis of the basic theory research,first analyzes the crime constitution of the crime of the illegal logging,and lays a theoretical foundation for the analysis of the relationship between the crime and the crime.Through the study of the situation in our country’s judicial practice,the author puts forward some problems which are not conducive to the protection of the forest resources in the application of the crime of the illegal logging in our country.The problem of the difficult to be found in the judicial practice caused by the unclear relationship between the crime and the crime is not considered;the problem of the improper sentencing caused by the circumstances of the crime as the discretionary circumstances of the sentencing is not considered;the problem of the difficulty of the timely restoration of the forest resources caused by the single means of the criminal law is difficult.In view of the problems found,reference is made to the practice of the criminal law on the protection of forest resources,such as the United States,Russia and Japan.Through the specific analysis and discussion of the question,the author has put forward the suggestion of this paper:first,it is suggested that the crime of the crime of the forest should be extended to at least the act of illegal mining and the behavior of the dead wood,so as to realize the comprehensive attack on the forest resource crime;Secondly,the relationship between the crime of illegal logging and other charges is clarified,and the relationship between the crime of the illegal logging and the crime of larceny,the crime of deforestation and the intentional destruction of the property of the property is clarified on a case-by-case basis,so as to realize the accurate conviction of the similar behavior of the illegal logging.Third,the circumstances of the discretionary circumstances of the crime of the illegal logging are analyzed,so as to realize the reasonable sentencing of the different acts of the crime of the illegal logging.Fourth,it is creative to put forward the non-penalty measures to increase the restoration of the vegetation as the main content,so as to achieve the legislative purpose of protecting the forest resources and natural resources.It is hoped that the suggestions put forward in this paper can provide reference and reference for the application of the crime of the future theft of the forest,and offer a modest contribution to the further development of the crime in our country,and provide reference and reference for the crime in our country.