Research On The Legal Application Of The Crime Of Illegal Logging

Trees are universally recognized as "natural resources".The crime of illegal logging is a special charge set by our country in order to strengthen the protection of forestry resources.However,in judicial practice,the application of this crime has been mixed with other crimes,and some special cases also have many identify questions,such as how to determine the behavior of not only stealing but also digging and the behavior of felling "dead wood" unlawfully.The discussions of this crime are mainly focused on the legal interests of the crime,the relationship between the crime and the crime of stole,and the dead wood can become the object of the crime.Theoretically,the crime of illegally cutting trees is not fully explored,resulting are failure to effectively guide judicial practice and can not solve problems arising from practice.This article is based on the problem that has not been fully solved in the judicial practice.On the basis of the existing research,this paper will carry out a more in-depth analysis and exploration of the crime in order to help solving the above problems.First,through the analysis of various views on the legal interest of the crime,this paper finds out the logical loopholes and shortcomings of their views,and puts forward the private views of the protection legal benefits of the crime from the legislative purpose and environmental ethics,that is,the legislative idea of this crime should be “Anthropocentrism of ecology”,and then based on the concept of legislation,we can analyze the same object as the environmental interests,mainly protect the benefit of the forestry resources,and the secondary protection law is the ownership of the forest.Secondly,starting with the interpretation of "felling",this article explains the specific content of the crime,and puts forward the view that "stealing and digging" can also be used to regulate the crime.And stealing behavior should not be pursued in secret.In subjective aspect,the content of intentional cognition is specifically explained.It should include the understanding of the object of crime and the knowledge that there is no legal basis for the act of logging.It has made up the blank of this study.In addition,starting with the difference between the standard of this crime and the standard of other property crimes.As the result of it,this paper points that it embodies the legal benefit of the crime which makes this crime completely different from other property crimes.Thirdly,on the basis of clarifying the legal interests of the crime,the paper analyzes the qualitative problem of the illegal logging,and points out that the scholars are not aware of the environmental value of the dead wood,and then fully discuss the environmental value of the dead wood,and point out that it meets the requirements of the legal benefit of the crime,and finally determines the status of the crime object of the dead wood.Finally,in order to further clarify the application of this crime,this article expounds in detail the boundary between this crime and related charges.The analysis are from the angles of legal interest,constitutive requirements,the standard of incrimination,and the well.It is concluded that this crime is an imaginative concurrence between the crime and illegal logging,destruction of state key protected forest as well as between the crime and the crime of larceny.