The Supreme People's Court announces the trial of typical cases of indiscriminate logging in accordance with the law
2024-08-15
Today, the Supreme People's Court released four typical cases of people's courts hearing cases of indiscriminate logging in accordance with the law, demonstrating a clear attitude towards punishing illegal and criminal acts of indiscriminate logging in accordance with the law, and striving to provide legal guarantees for comprehensively strengthening forest resource protection, enhancing forest ecosystem diversity, stability, and sustainability. The cases released this time include the case of Wu Mouliang and others who indiscriminately cut down trees, the case of Hong Mouying who indiscriminately cut down trees, the case of Li Mougui and others who indiscriminately cut down trees, the case of Liang Moufu and others who illegally transported indiscriminately cut down trees, and the case of Beijing Miyun District Garden and Greening Bureau applying for administrative penalties. It is reported that the people's courts have always adhered to the strictest system and the strictest rule of law to protect the ecological environment. They resolutely crack down on criminal acts that damage forest resources in accordance with the law, and comprehensively build a judicial barrier for forest resource protection. For example, in Case 3, Li Mougui and others illegally cut down trees, and Liang Moufu and others illegally transported illegally cut down trees, there were criminal and civil public interest litigation cases. Li Mougui and others illegally cut down a huge number of trees, while Liang Moufu and others knowingly transported them illegally. The circumstances were particularly serious, constituting the crimes of illegal logging and illegal transportation of illegally cut down trees, respectively. The people's court will crack down on the entire chain of illegal timber business interests constituted by illegal logging, transportation, and other behaviors, and strengthen comprehensive protection. Forests, as an important ecological resource, have both economic and ecological value. In the process of handling cases of destruction of forest resources, people's courts comprehensively consider the confession and punishment of the perpetrator, actively carry out ecological restoration through on-site replanting, off-site restoration, and subscription of forestry carbon sinks, implement the policy of balancing leniency and strictness, handle relevant cases properly in accordance with the law, guide the perpetrator to transform from a "forest resource destroyer" to a "forest ecological restorer", and promote effective forest ecological restoration. In case two, Hong was found to have caused the death of trees and destroyed forest resources by stripping tree bark, which constitutes the crime of indiscriminate logging. Considering his voluntary confession of guilt and punishment, the people's court adheres to the concept of "treating crimes" and "governance" equally, and applies probation in accordance with the law, reflecting the requirements of implementing a balanced approach of leniency and severity and restorative justice. The appropriate method and amount of logging directly affect the rational utilization of forest resources and forest reproduction issues. In order to prevent excessive logging and other situations, the law has established a forest logging quota system and a forest logging permit system, and logging must be carried out in accordance with the law. Violating legal regulations by logging trees, even if it is logging one's own trees, one still needs to bear corresponding legal responsibilities. In the case of Wu Mouliang et al.'s indiscriminate logging, the defendant violated legal provisions by logging a large number of self planted trees, constituting the crime of indiscriminate logging. While sentencing according to law, the people's court used this case as a typical example to carry out "trial to the countryside+sending the law to the village" legal education, and "trial to case education" to root the concept of ecological civilization in the hearts of the masses. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:people.com.cn
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