According to the State Forestry Administration issued the "People's Republic of China Forest Law (2016 amendment draft)", I made the following recommendations:
Article third the forest resources are owned by the state, except as provided for by law.
State owned and collective owned forests, trees and woodlands, unit and individual trees and woodlands owned by the local people's governments at or above the county level, the real estate registration agency register, issue certificates and confirm the ownership or use right. Forests, trees and woodlands confirmed by the State Council all the key forestry by the departments of land and resources under the State Council and the competent forestry department register, issue certificates and inform the relevant local people's government.
The legitimate rights and interests of the owners and users of forests, trees and woodlands shall be protected by law, and no unit or individual may infringe upon them.
The third forest ecological resources belong to the state, except for the forest resources which belong to the collective by law.
State owned and collective owned forests, trees and woodlands, units and individuals all the forests, trees and woodlands, by the local people's governments at or above the county level of real estate registration agencies register, issue certificates and confirm the ownership or use right. Forests, trees and woodlands confirmed by the State Council all the key forestry by the departments of land and resources under the State Council and the competent forestry department register, issue certificates and inform the relevant local people's government.
The legitimate rights and interests of the owners and users of forests, trees and woodlands shall be protected by law, and no unit or individual may infringe upon them.
[reasons] 1 current "People's Republic of China forest law enforcement regulations" (hereinafter referred to as the "Regulations" the implementation of the forestry law) in the "forest resources" concept is the use of forestry on generalized "forest" concept, the content is included is "forest ecological resources"; the "People's Republic of China forest law" (hereinafter referred to as "the connotation of" forest law ") in forest resources" concept is not uniform, some terms are generalized, most of the provisions is in righteousness. The generalized "forest resources" including forests, trees and woodlands, wild animals and plants and microbe; meaning "forest resources" including forests, trees and woodlands; narrow "forest resources" include only the forests and trees. 2 the current "Regulations on the implementation of forest law" in the division of the "forest" concept of the extension of the error, and with the "forest law" contradiction. Such as "forest law" fourth paragraph of protection forest including bush, and the second paragraph of article second "Regulations" the implementation of the forestry law stipulates that "the forest include trees and bamboos. There are two problems: first, divide the" forest "extension conflicts," forest law "the fourth the first show forest (forest) contains trees, shrubs, bushes, and the" Regulations "the implementation of the forestry law stipulates the forest only include trees, contradiction obviously. Second, the division of the extension of the "forest" is inconsistent, making the mistake of "confusion". The arbor is according to the height of trees and shrubs should be divided, the corresponding forest; bamboo forest is divided according to dominant species, correspond to coniferous forest, broadleaf forest etc.. 3 because of the "forest law" and "forest law enforcement regulations" confused "forest ecological resources", "forest" and "forest" concept, sometimes the "forest resources" is equivalent to "forest", resulting in "forest law" set up other units and individuals without ownership of their building forest. People will have questions: other units and individuals can not be called the forest to create a forest? Can only be called trees? 4 ". The forest law "amendment should be clear of other units and individuals who have forest ownership, afforestation of forest trees, shrubs, saplings and seedlings, herbs and so on all plants (national key protected wild plants except) ownership of resources, increase the income of afforestation, also is consistent with the provisions of the" property law "of People's Republic of China. However, the "Regulations on the implementation of the forest law" should be clear about the connotation and extension of the concept of forest ecological resources, forest resources, forest and forest. In this way, the laws and regulations will not contradict each other, so that citizens can correctly understand the meaning of the concept of law, and the legal rights and interests of the owners can be fully protected. For this reason, we can set up the concept of "forest ecological resources", and adopt the most general definition, which is not only scientific and easy to understand, but also can reflect the ecological value of forest. "Refers to all kinds of forest ecological resources in forest ecosystem for human life and production, the use of material resources and energy resources, including forests, trees and forest resources and forest trees and woodlands, relying on the survival of wild animal, plant, microbial resources and related environmental resources. Then the" forest resources "is used the definition of meaning, refers to the pure forest and forest tree number (area and stumpage) accumulation and woodland area, will not cause misunderstanding and ambiguity. "Public opinions are divergent. forest" definition of forestry sector, is not uniform.
The "forest" concept should be used to define a scientific and popular, both with the forestry usually theory, but also with the extension of the concept of logic principle; not too wide, or too narrow and uniform laws and regulations. The forest is based on forest as the main body, and has a certain area of space and density, between forest, interaction between forest and various biological and environmental interactions, and can significantly affect forest plant communities in the surrounding environment. "Forest is a natural forest and plantation of the points, can be divided into coniferous forest and broad-leaved forest, bamboo forest, mixed forest, can also be divided into arbor, shrub, shrub (pure refers to the protection of forests and forests with special uses); according to its main function and cultivation purposes, is divided into ecological forest and commercial forest two categories. "Forest" is a perennial woody plant, it is composed of the main forest, it is growing, is the main object of forest management. Forest trees and bamboo.
The fourth forests are divided into the following five categories:
(a) protection forests: forests, trees and bushes mainly aimed at protection, including water conservation forest, soil and water conservation forest, windbreak forest, farmland and grassland protection forest, forest, forests; (two) timber: timber production as the main aim of forest and forest tree, including the production of bamboo as the main the purpose of the bamboo forest; (three): with the production of fruits, edible oil, beverage, seasoning, industrial raw material and edible and medicinal materials as the main aim of forest and forest tree; (four) Neng Yuanlin: the production of fuel and other energy sources for the main purpose of forests and trees, including firewood; (five) special to use forest defense, species protection, environmental protection, breeding and scientific experiments for the main purpose of forests and trees, including defense forest, experimental forest, species Zi Yuan, spikegarden, germplasm conservation forest, forest schistosomiasis, environmental protection forest, scenic forest, trees, places of historic interest and scenic beauty and the forests, nature reserves, national parks, Forest Park forest.
[amendment] fourth forest is divided into the following five categories:
(a) protection forests: forests, trees and bushes mainly aimed at protection, including water conservation forest, soil and water conservation forest, windbreak forest, farmland and grassland protection forest, forest, forests; (two) timber: timber production as the main aim of forest and forest tree, including the production of bamboo as the main the purpose of the bamboo forest; (three): with the production of fruits, edible oil, beverage, seasoning, industrial raw material and edible and medicinal materials as the main aim of forest and forest tree; (four) Neng Yuanlin: the production of fuel and other energy sources for the main purpose of forests and trees, including firewood; (five) special to use forest defense, species protection, environmental protection, breeding and scientific experiments as the main purpose of the forests, trees and bushes, including national defense forests, experimental forests, mother The woods, seed orchard, spikegarden, germplasm conservation forest, forest schistosomiasis, environmental protection forest, scenic forest, Gu Shuming wood, places of historic interest and scenic beauty and the forests, nature reserves, national parks, Forest Park forest.
The extension of the "forest" should not be too wide, it should not be too narrow, wide, equivalent to the forest ecological resources, prone to ambiguity; narrow, equivalent to the tree forest, the concept becomes a concept. Forests shall include tree and shrub forests; protective forests and special purpose forests shall also include shrubs, as well as protected shrubs in areas such as nature reserves and national parks.
Nineteenth state-owned enterprises and institutions, organs, groups, troops to build trees, by the construction unit operating in accordance with the provisions of the state and control of forest gains.
Unless otherwise agreed upon in the contract, the collective economic organizations and other units and organizations created in the preceding paragraph shall be owned by the unit.
Rural residents in Fangqianwuhou, cropland and hilly cultivated forest, owned by individuals. The trees planted by urban residents and workers in the courtyard of their own houses shall be owned by individuals.
The collective or individual state owned and collective owned barren hills afforestation, the trees planted after the contract belongs to the collective or individual contract; Contract otherwise stipulated in the contract, in accordance with the contract stipulations.
The nineteenth state-owned enterprises, institutions, organs, groups, troops to build forests, trees, by the construction unit operating and in accordance with the provisions of the state.
The forests and trees that are created by the collective economic organizations and other units or organizations other than those mentioned in the preceding paragraph shall be owned by the unit, unless otherwise agreed upon in the contract.
Rural residents in the cultivated land, the operation of the mountain forest, forest, owned by individuals. The trees planted by the rural residents in the courtyard of their own houses in front of the house, the residents of the cities and towns, and the staff and workers shall be owned by individuals.
The collective or individual state owned and collective owned barren hills afforestation, forest and trees planted after the contract belong to the collective or individual contract all; contract agreed otherwise, in accordance with the contract stipulations.
[reason] 1 and the same third reasons. 2 plots is a product of the planned economy, then divide the plot is very strict, is to measure the field. Now the policy change, the actual situation is not changed, what is called the best land plots. 3. "Sanding forestry", a hilly and mountain of responsibility, but the implementation of the country is not the same, some when the whole contract when the whole mountain, some hilly mountain have some two. The reform of collective forest right system, two hill mountain, have become a hilly nature, but it is also the rural reform and opening up of the noun, called "unified management mountain" is the best, the law should be set up to meet the current policy and the reality of the noun.
[original] thirty-first forest public security organs responsible for the protection of forest resources, in accordance with the division of responsibilities and public security cases involving criminal, such as forest resources, and in the scope of the provisions of the competent forestry department under the State Council, the exercise of forestry administrative punishment and administrative punishment, the implementation of compulsory administrative measures relating to.
The armed police forces shall carry out the tasks of preventing and extinguishing forest fires by the state, and assist the competent forestry authorities in the protection of forest resources.
[thirty-first] to modify the forest public security organs responsible for the protection of ecological environment security, in accordance with the division of responsibilities and relates to the destruction of the ecological environment resources and the destruction of forestry production and forestry administration order of criminal and security cases and forestry administrative cases, the implementation of administrative punishment and criminal investigation, criminal enforcement and administrative measures relating to. The scope of jurisdiction cases shall be formulated by the Ministry of public security and the State Forestry administration.
The armed forces of the people's Armed Police Force shall carry out the tasks of preventing and extinguishing forest fires by the state, and assist the competent forestry authorities in protecting the forest ecological resources.
[reason] 1 forest public security organs should not only protect the security of ecological environment, but also to maintain the Lin Zheng forestry production and management order, all involved in criminal and security cases, Lin Zheng in this area should have the right to investigate, can effectively play the role of escort. 2 forest public security organs have been authorized by laws and regulations, in their own name in order to be able to more effectively investigate and deal with all kinds of administrative cases to destroy the ecological environment, in order to ensure the safety of the ecological environment. The reform and opening up the implementation of the rule of law for over thirty years, agriculture, fisheries, forestry, water conservancy, land and other administrative organs to do the number of cases are numbered, some do not have a single basic case, will go directly to the fine, no law enforcement forces and law enforcement quality is low, basically is the law, there is no case to check, also can not check. The protection of the ecological environment has to be a non exercise of police power be the situation, "People's Republic of China people's police law" should be added to the people's police to protect the ecological environment safety, investigate criminal cases of destruction of the ecological environment of the authority. 3 ". People's Republic of China Fire Law "" People's Republic of China road traffic safety law "" People's Republic of China road transport regulations "in the laws and regulations of the public security department may authorize the fire department, traffic management agencies and departments of transportation road transportation agencies exercise of administrative license and administrative punishment, forestry laws and regulations authorized forest public security organs to exercise part of the forestry administrative punishment right can not it?
Did not authorize the exercise of forest public security administrative license, right is not lost, the forestry sector need not worry, are in order to effectively combat forest related crimes, better protection of the ecological environment. 4 forestry administrative punishment if not authorized forest public security organs in the laws and regulations, once the local forestry department (mainly county) conflict with the forest public security, is not even commissioned, the State Forestry Bureau commissioned a unified, but also to cover the local forestry department seal. Then, the forest public security are online law enforcement investigators to print legal documents, the forestry sector is not the seal of the forest police uploaded to the law enforcement system. Either authorized by the laws and regulations of the forest public security organs to exercise the right of administrative punishment of forestry, forest public security organs or only to deal with the corresponding criminal and public security cases can be.
[original] fifty-seventh trees must apply for the cutting license, logging in accordance with the provisions of the license; cutting forest, economic forest, energy forest, and individual all scattered trees, plots and other non forest land except.
In accordance with the approval and record of the forest management plan to cut trees, before cutting should be filed with the competent forestry authorities, no longer apply for cutting licenses.
[fifty-seventh] amendment must apply for the cutting license of tree felling, harvesting in accordance with the provisions of the license; cutting forest, economic forest, energy forest, and planted all scattered trees, trees on the land except.
In accordance with the approval and record of the forest management plan to cut trees, the forest should be submitted to the competent authorities before the 1 [reason] 1 and the first two reasons for the same nineteenth. 2 agencies, organizations, units and schools and other institutions to create a forest land are basically non forest land, but the felling of forest trees to apply for the cutting license, while farmers create in non forest land, harvesting is not required to apply for the cutting license. Inconsistent with the provisions of the same law. To encourage farmers to afforestation and forest management, forest self initiative, will be changed to cultivated land plots, remove non forest three words, there will be no criticism.
Sixty-first out of the forest from the forest, must be held by the people's government at or above the county level forestry department issued a transport document.
If the timber obtained in accordance with the law or the other legal cutting certificate is to be transported out of the forest area, the competent forestry department shall issue a transport document.
With the approval of the people's Government of the province, autonomous region or municipality directly under the central government, the timber inspection station may be set up on the road in the forest area to be responsible for the inspection of timber transportation. Failing to obtain the transport documents, the timber inspection station may detain the timber and the means of transport and report it to the competent forestry department of the local people's government at or above the county level in accordance with the law.
[sixty-first] the transportation of timber from the forest area must be carried by the competent forestry department of the people's government at or above the county level.
If the timber obtained in accordance with the law or the other legal cutting certificate is to be transported out of the forest area, the competent forestry department shall issue a transport document.
With the approval of the people's Government of the province, autonomous region or municipality directly under the central government, the timber inspection station may be set up on the road in the forest area to be responsible for the inspection of timber transportation. In the case of failing to obtain timber transport certificate for transport of timber, the timber inspection station may seize the timber and the means of transport and report it to the competent forestry department of the local people's government at or above the county level in accordance with the law.
[reason] 1 state of the illegal act is not complete. According to the provisions of the "2 People's Republic of China administrative law enforcement", should be "seized". Of course, the law can be specified to other mandatory measures, but the "detention" and "arrest" with similar meaning, "arrest" is a word for good.
[original] Article sixty-second violation of regulations for forest fire prevention, forest fire caused by negligence, does not constitute a crime, by the forest public security organs shall be punished in accordance with the "People's Republic of China Fire Law" provisions of article sixty-fourth.
In the high forest fire season, refuse to carry out the people's governments at or above the county level shall publish prohibited Yewaiyonghuo orders by the forest public security organs in accordance with the "People's Republic of China Public Security Management Punishment Law" provisions of article fiftieth shall be administrative penalties for public security.
[] to modify article sixty-second violation of forest fire prevention, forest fire caused by negligence, does not constitute a crime, in addition to the "forest fire prevention regulations" punishment, by the forest public security organs in accordance with the "People's Republic of China fire"
Sixty-fourth provisions to be detained.
In the high forest fire season, refuse to carry out the people's governments at or above the county level shall publish prohibited Yewaiyonghuo orders, in addition to the "forest fire prevention regulations" punishment, by the forest public security organs in accordance with the "People's Republic of China Public Security Management Punishment Law" provisions of article fiftieth to be security detention.
[reasons] violations according to the corresponding punishment shall be given in accordance with relevant provisions of the "Regulations" of the forest fire, then in accordance with the "People's Republic of China fire" or "People's Republic of China Public Security Management Punishment Law" shall be detained if not repeated fines, is in accordance with the "administrative punishment law" People's Republic of China twenty-fourth "on the parties to the same offense. Shall not be given administrative penalty" for more than two times the penalty provisions. In this way, in order to punish the perpetrators of fire.
[original] sixty-third forests or other trees, the trees should be returned or sold according to law by the owner, and offenders for compensation; the competent forestry department ordered to replant trees ten times the number of trees, and felling trees worth three to ten times of the fine.
Forest or other trees, the competent forestry authorities shall order the reseeding of trees five times the number of trees, and the deforestation of two times the value of more than five times the fine.
Refusing to replant trees or replant is not in conformity with the relevant provisions of the state, the competent forestry department to replant cost paid by the offenders.
Deforestation and illegal felling of forest or other trees, which constitutes a crime, shall be investigated for criminal responsibility according to law.
[sixty-third] changes of forests or other trees, the wood or standing or sale shall be returned to the owner, and in accordance with the law by the offender to compensate for the losses; the competent forestry authorities ordered to replant trees ten times the number of trees to replant trees or collect fees, and illegal felling of trees three times the value of less than ten times fine.
Forest or other trees, confiscation of the wood or stumpage or sold; the competent forestry authorities shall order the reseeding of trees five times the number of trees to replant trees or collect fees, impose deforestation value more than five times the fine.
Deforestation and illegal felling of forest or other trees, which constitutes a crime, shall be investigated for criminal responsibility according to law.
[reason] 1 can not be confused with the concept of "forest" and "wood", "forest" or "forest" felled timber after the wood into a ".2". Thirty years of the implementation of "forest law", the administrative punishment to replant trees "almost everywhere not performed, no practical significance, to perform must apply to the court for enforcement. Or cancel the administrative penalties, fines or aggravated; selective execution, can be substituted for the cost of replant trees. 3 of all the administrative illegal property or the proceeds from the sale of People's Republic of China, "administrative punishment law" and other laws are called "illegal property" or "illegal income shall be confiscated, but deforestation income cannot be confiscated, such as laws and regulations are not unified, it is obviously unfair. 4 some illegal, the sale of timber from deforestation, the proceeds will not be used to pay fines, emphasizing family difficulties and other reasons, difficult to collect fines. If the confiscation of wood, the handling process can be seized, the family is indeed difficult, you can pay a fine. The law can be reduced to double the number of fines as a starting point, which is conducive to the implementation of administrative penalties, but also conducive to punish illegal.
In violation of the provisions of this law, illegal logging, destruction of precious trees, shall be investigated for criminal responsibility according to law sixty-fourth.
If the illegal occupation of the state-owned forest resources is illegal, the competent forestry authorities shall order them to correct them. Losses caused by forest resources, the actual loss of more than one times more than five times the fine. If a crime is constituted, criminal liability shall be investigated according to law.
Article sixty-fourth in violation of the provisions of this law, illegal logging, destruction of precious trees or the state's key protected wild trees and old trees, shall be investigated for criminal responsibility according to law.
[reason] 1 precious trees are not necessarily the national key protected trees, and vice versa. Such as ormosia is rare, but not the national key protected trees; silver fir is a first class national protected species, but not precious. 2 according to the provisions of the relevant judicial interpretations, ancient trees are also the object of the crime. 3 it is recommended that the clause second shall be separately set into one.
[original] sixty-sixth in violation of this law, the sale of timber felling permits, timber transport documentation, export approval documents and import and export permit certificate, the competent forestry authorities shall confiscate the illegal sale of certificates and documents and illegal income, impose illegal sale documents, the price of more than three times the fine; constitute a crime, criminal responsibility shall be investigated according to law.
Whoever forges a tree cutting license, a timber transport certificate, an export document for approval, a certificate of import and export, or a phytosanitary certificate shall be investigated for criminal responsibility according to law.
[sixty-sixth] amendment violates the provisions of this law, the sale of timber felling permits, timber transport documentation, export approval documents and import and export permits and quarantine certificate, the competent forestry authorities shall confiscate the illegal sale of certificates and documents and illegal income, impose illegal sale of certificates and documents of the price of more than three times fine; constitutes a crime, shall be investigated for criminal responsibility according to law.
Whoever forges or alters a tree cutting license, a timber transport certificate, an export document for approval, a certificate of import and export, or a phytosanitary certificate shall be investigated for criminal responsibility according to law.
[reasons] 1 plant quarantine certificates can be traded, such as the emergence of this kind of illegal behavior, with no legal basis, is not conducive to the maintenance of forest management order. 2 altered altering official documents, the same behavior of crime, of course the fake meaning also includes widening alteration, the order in accordance with the "People's Republic of China criminal law" convergence, should be added the word "change".
[original] sixty-seventh in the forest that is the illegal acquisition of deforestation and illegal felling of trees, the competent forestry authorities ordered to stop illegal activities, confiscate the illegally purchased or sold deforestation and illegal felling of forest income, impose illegal acquisition of trees to double the price of less than three times the fine; constitutes a crime, shall be investigated for criminal responsibility according to law.
[sixty-seventh] to modify the illegal purchase, transport that is deforestation and illegal felling of timber or trees, the competent forestry authorities ordered to stop illegal activities, confiscate the illegally purchased deforestation and illegal felling of timber or living or sale income, impose illegal acquisition of wood or trees to double the price of less than three times the fine; constitute a crime the criminal responsibility in accordance with law.
[reason] 1 and sixty-third reasons for the same first. 2 in the practice of law enforcement, illegal timber forest is often sold to adjacent non wood forest county, once smuggled into non forest areas, law enforcement officers can only feel powerless and frustrated. Because there is no legal basis for punishment, local authorities will not cooperate with local protectionism.
[original] sixty-eighth violations of the provisions of this law, rock quarrying, sand mining, mining soil, seed collecting, mining and other activities, resulting in the forests, trees and woodlands are damaged, compensate for the losses according to law; the competent forestry department shall be ordered to stop the illegal behavior, damage to replant strains of more than three times the number of trees, can at the destruction of forest value more than five times the fine.
In violation of the provisions of this law, wood, in the forest and special use forest grazing led to the destruction of forests and woods, compensate for the losses according to law; the competent forestry department shall be ordered to stop the illegal behavior, replant the number of trees damaged more than three times the trees.
Refusing to replant trees or replant is not in conformity with the relevant provisions of the state, the competent forestry department to replant required fees paid by the offenders.
[sixty-eighth] the illegal modification of the provisions of this law, rock quarrying, sand mining, mining soil, seed collecting, mining and other activities, resulting in the forests, trees and woodlands are damaged, compensate for the losses according to law; the competent forestry department shall be ordered to stop the illegal behavior, damage to replant strains of more than three times the number of trees or charge to replant trees costs can destroy forest value more than five times the fine.
In violation of the provisions of this law, wood, in the forest and special use forest grazing led to the destruction of forests and woods, compensate for the losses according to law; the competent forestry department shall be ordered to stop the illegal behavior, replant the number of trees damaged more than three times the charge for trees and replant trees cost.
If the illegal destruction of forests, trees and woodlands constitutes a crime, criminal responsibility shall be investigated according to law.
[reason] 1 and sixty-third reasons for the same second. Harm 2 such illegal deforestation is not less than the harm of illegal & excessive, such as no criminal responsibility is unfair. 3 some profitable projects, the offender would rather pay a high penalty, but also to start construction of deforestation, if not severely punished, is not conducive to the protection of forest resources.
4 such acts of deforestation, according to their main objective characteristics, the circumstances are serious, in full compliance with the elements of a crime.