Camphor tree (camponia) belongs to my country's second-level protected plant. So does the dead camphor tree still have protective value? Is cutting off dead camphor trees a crime?
htmlOn March 30, the Yudu County People's Court of Ganzhou, Jiangxi Province heard a case of illegal logging, processing and selling of national key protected plants. One of the defendants in the case, Li Beijing, was originally the webmaster of the Forestry Workstation of Kuantian Township, Yudu County.In May 2020, without obtaining a national key protected plant collection certificate, Li Beijing colluded with and arranged for local farmer Zeng Xiaohong to dig four camphor trees, and the illegally harvested camphor trees and camphor trees were transported back to Zeng Xiaohong's home. Li Beijing was charged with illegally logging state-key protected plants.
However, Li Beijing's defense lawyer proposed that the four camphor trees involved in the case are all dead trees and dead trees, and have no protection value. Li Beijing's act of cleaning up dead camphor trees is due to the safety of the people and does not constitute a crime according to law.
The first instance of the case has not yet been sentenced. On April 9, the Yudu County Procuratorate responded that it was inconvenient to accept interviews when handling the case. The head of the Forestry and Grassland Bureau of Yudu County explained to the Hongxing News reporter that the focus of the case is that even if the dead camphor trees are harvested and processed, they must be approved according to law, and "the approval authority is in the province."
is accused of illegally harvesting camphor trees
public welfare claims of more than 90,000 yuan
According to the criminal civil public interest litigation in Yudu County [2021] No. 2, the prosecutor found that Li Beijing had not obtained a national key protected plant collection certificate. On May 2, 2020, he colluded with and arranged for Zeng Xiaohong to dig two camphor trees outside the courtyard wall of Zeng Dongsheng's home in Songping Group, Liwu Village, Kuantian Township, Zeng Xiaohong used a chain saw and an excavator to dig two camphor trees with a chain saw and an excavator. Zeng Xiaohong drove a tricycle and an additional agricultural vehicle to transport the illegally harvested camphor trees and camphor trees back to Zeng Xiaohong's home.
Indictment
On May 7, 2020, Li Beijing and Zeng Xiaohong colluded with Zeng Xiaohong to instruct loggers to use excavators to cut two camphor trees and camphor tree tills, and hired forklifts and agricultural vehicles to cut down camphor trees and camphor tree tills at Zeng Xiaohong's home in the camphor tree tills.
In addition, Zeng Xiaohong did not apply for a national key protected plant collection certificate. In March 2020, he used knives, saws, hoes and other tools to illegally log a camphor tree that fell due to a landslide but was still connected to the soil of the original growth ground without obtaining a national key protection plant. He also hired excavators and agricultural vehicles to transport the illegally harvested camphor tree and camphor tree tree tree tree tree back to his home.
Detention Notice
Indictment shows that Zeng Xiaohong and Li Beijing were criminally detained by the police on August 24 and 31, 2020 respectively and arrested on September 30. On December 18 of the same year, the Yudu County Procuratorate filed a public prosecution with the court. Li Beijing was accused of illegally logging of national key protected plants, and Zeng Xiaohong was accused of illegally processing and selling national key protected plants and national key protected plant products.
According to Li Beijing's family, Li Beijing was recommended to be sentenced to four and a half years in prison by the prosecution, and Zeng Xiaohong was recommended to be sentenced to three and a half years in prison.
On February 8, 2021, the Yudu County Procuratorate filed an accompanying civil public interest lawsuit, requesting the court to order the two defendants to pay 55,000 yuan of ecological environment losses and repair costs caused by illegal logging of camphor trees in Songping Group of Liwu Village and Hebei Group of Shangbao Village; Zeng Xiaohong's ecological environment losses and repair costs caused by cutting of camphor trees in Xinwu Nei Group of Shanxia Village; the two defendants jointly bear 23,000 yuan of judicial appraisal costs.
Villagers believe that his arrest was "very unfair"
County Forestry and Grassland Bureau said that the focus was on not filing for approval
Li Beijing is 49 years old this year. Before being arrested, he was the webmaster of the Forestry Station of Kuantian Township, Yudu County. His younger brother Li Nanchang told the Hongxing News reporter that at the end of 2003, Li Beijing returned from the army and was arrested for working in the Forestry Bureau. "Around 2008, he served as the deputy station manager of the forestry station in a township, and around 2013, he served as the station manager, and later went to Kuantian Township to work."
" The matter of cutting down the camphor tree, as we know, there are two dead camphor trees in Shangbao Village. At that time, a villager called him (Li Beijing) and said that the tree was worried about falling and hitting people on the roadside, so he asked him to clean it up because there were people coming and going there. "Li Nanchang recalled.
As for the two camphor trees in Liwu Village, "It was also at the door of someone else's house, and there were high-voltage poles next to him. Someone called him to clean up. He did not log him at the scene at that time. One of them said that Li Beijing called him to cut it off. "
" Everyone in the village thinks this is very unfair to my brother. "Li Nanchang said that after Li Beijing was arrested, his family had found the villagers of Shangbao Village, including the tree owner, to issue a certificate to prove that the cut down camphor tree was a dead tree.
"certificate" signed by more than one person and pressed by hand. The interviewee provided
on a "certificate" signed by multiple people and pressed by hand. Red Star News reporter saw that many villagers' certificates said that before logging, "1. This camphor tree is a dead camphor tree (has been dead for about 5 to 6 years); 2. This camphor tree is a dangerous tree (can fall down and hit people at any time). ”
On April 8, Lan Xiaoming, a villager in Shangbao Village, told the Red Star News reporter that one of the camphor trees was planted by his ancestors. “It is very old and thick behind my old house. The camphor tree has been dead for three or four years, and has not sprouted for two or three years. "In early April last year, Li Beijing told me that the camphor tree was not safe and that it would be cleared. I thought it was indeed unsafe next to the main road, so I agreed after discussing with my tribe members. "
Villager Li Changying also confirmed that another cut camphor tree was planted in front of his house. "It has been dead for five or six years. Li Beijing told me that it was not safe and I agreed. "
Red Star News reporter contacted the village party secretary of Shangbao Village and the relevant person in charge of Kuantian Township to try to understand the situation of the two camphor trees being cut in Shangbao Village. The other party responded that the case was handled by the public security, procuratorate and judicial departments, and there is no specific situation. The Yudu County Procuratorate responded that it is inconvenient to accept interviews when handling the case.
The head of the Yudu County Forestry Bureau told reporters that it is understood that several camphor trees involved in the case are indeed dead and dead, "because of various natural disasters. "This time it was also because someone reported it, the Forest Police came to investigate and arrested it. "
" However, if dead camphor trees are to be harvested, they must be approved according to law. If there is no approval, it is illegal to do it privately, because camphor trees are protected tree species. "The person in charge said that before Li Beijing cut off the camphor tree, he did not report to the county forestry and grassland bureau. "He wants to report according to the procedures, and we definitely do not allow it, because this approval authority is in the province. ”
According to its introduction, according to Article 16 of the " Wild Plants Protection Regulations" in my country, if a national second-level protected wild plants are collected, they must sign the opinions of the wild plant administrative department of the county-level people's government of the collection site and apply for a collection certificate with the authorized institutions from the wild plant administration department of the people's government of the province, autonomous region, and municipality directly under the central government.
Article 17 of the "Regulations" stipulates that units and individuals who collect national key protected wild plants must collect according to the types, quantity, location, period and methods specified in the collection certificate.
Red Star News Reporter Li Wentao
Edited by Guo Yu
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