1. Wild Cinnamomum camphora is a national second-class protected tree species, and it is illegal to cut Cinnamomum camphora at will.
2, illegal felling of forests or other trees, more than two to five cubic meters, should be filed for prosecution, criminal responsibility shall be investigated according to law.
3, deforestation of forests or other trees, a large number, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined;
4. If the quantity is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
5. If the quantity is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
The constitutive elements of the crime of endangering precious and endangered wild animals are as follows:
1, object element. The object of the crime of endangering precious and endangered wild animals is the management system of precious and endangered wild animals under special state protection;
2. objective factors. The crime of endangering precious and endangered wild animals is objectively manifested as illegal hunting and killing of precious and endangered wild animals under special state protection;
3. Main elements. The subject of the crime of endangering precious and endangered wildlife is the general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of endangering precious and endangered wildlife. The unit can also be the subject of the crime of endangering precious and endangered wild animals;
4. Subjective factors. The crime of endangering precious and endangered wildlife is intentional subjectively, and negligence does not constitute the crime of endangering precious and endangered wildlife. The actor may sell it for profit, eat it for personal use, give it to relatives and friends or go out to play, all of which can constitute the crime of endangering precious and endangered wild animals.
To sum up, Cinnamomum camphora is an important ecological resource and cultural heritage, and its logging behavior will not only affect the ecological environment, but also damage the cultural value. Therefore, we should protect Cinnamomum camphora, an ecological resource and cultural heritage, and not cut it down illegally. At the same time, it is necessary to strengthen supervision and punishment of illegal logging.
legal ground
Article 345th of the Criminal Law of People's Republic of China (PRC)
Crime of illegal logging Whoever illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
Whoever, in violation of the provisions of the Forest Law, wantonly cuts down forests or other trees in huge quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever knowingly illegally purchases or transports illegally cut trees, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.