Research On Difficult Problems Of The Crime Of Illegal Felling Of Forest Tree

In 2017,in the report of the 19th National Congress of the Communist Party of China on "Green Water and Green Mountains Are Golden Mountains and Silver Mountains",China increased its efforts to protect and renovate the environment.As the main body of natural ecosystems,forest systems play an important role in improving the ecological environment and stabilizing ecological balance.However,at present,China’s illegal logging is still showing a high incidence,and the phenomenon of excessive logging is not uncommon,which seriously hinders the comprehensive green transformation of economic and social development,and hinders the realization of the goal of "achieving new progress in the construction of ecological civilization".In this context,it is of great significance to sort out the controversial issues of the crime of illegal logging of trees and explore the difficult issues of the crime of illegal logging of trees.In addition to the "Introduction" and "Conclusion" parts,this article mainly consists of four parts,including:The first part analyzes the relevant legislative experience of foreign countries and the current research situation in China.The article mainly enumerates the United States,Japan,and Russia,and analyzes the advantages of their respective legal provisions on the crime of illegal logging of trees,as well as the important implications for the improvement process of the crime of illegal logging of trees in China.At the same time,the relevant research status in China is analyzed.The second part is the analysis of the controversial issues on the constitutive requirements of the crime of illegal logging of trees.The article believes that the criminal object of the crime of illegal logging of trees is a complex object,that is,forest resources and their rational utilization,as well as the ownership of growing trees by the state,collective,and others.The article elaborates on the basic meanings of "stealing" and "cutting",focusing on the differences between "cutting" and "digging".At the same time,from the perspective of the scope and ecological value of dead wood,as well as the practical significance of defining it as the criminal object of the crime of illegal felling of dead wood,the qualitative issue of illegal felling of dead wood is discussed.The third part is the elaboration of the discrimination between the crime of illegal logging of trees and other crimes.The article mainly expounds the discrimination between the crime of illegal logging and the crime of excessive logging,the crime of theft,the crime of illegal acquisition of illegally logged trees,and the crime of transformed robbery,which are easily confused.The article explains the distinction between the crime of illegal logging and the crime of indiscriminate logging from the perspectives of protecting legal interests and the purpose of illegal possession.The article summarizes and analyzes the "special law" priority theory and the "imaginative concurrence" theory formed in the relationship between the crime of illegal logging of trees and the crime of theft,and puts forward their own views.The article also lists and analyzes the problems existing in the judicial practice of the crime of illegal logging and robbery in combination with cases.The fourth part is an analysis of the difficult issues faced by the crime of illegal logging in judicial application.The article first discusses the qualitative and quantitative problems of the crime of illegal logging from multiple perspectives,such as the identification of indirect principal offenders,the omission of forest rangers,the determination criteria of principal offenders in joint crimes,and the failure to fully consider ecological legal benefits when sentencing.Subsequently,the author summarized and summarized the problems of "rigid" application of fine penalty and the lack of matching application of penalty and non penalty measures in terms of punishment measures for the crime of illegal logging of trees in China.