- 1 A. Whether the owner’s unlicensed logging of a large number of trees on non-planned forest land constitutes a crime of deforestation
- 2 B. Can I plant trees on my own farmland without a forest tenure certificate and have a land certificate for logging?
- 3 C. What is the difference between forest tenure of state-owned forest land and collectively-owned forest land? What is the difference in rights and interests in logging and trading, can broad-leaved forest be harvested?
- 4 D. Can I cut down the trees within the scope of my forest tenure certificate?
- 5 E. Can I cut down at will after I have obtained the forest tenure certificate?
- 6 F. What are the current national laws and regulations on the circulation of forest, forest trees and forest land use rights?
- 7 G. The forest tenure certificate is my name, do others have the right to interfere with the processing of forest land logging?
- 8 H. Can the ownership forest tenure certificate be transferred and harvested?
- 9 I. >It must be approved by the forestry department to go through the logging permit formalities, and felling shall be done according to the approved quantity, time and location; it is also stipulated that the county-level forestry department or the township or town government entrusted by it shall examine and issue the logging permit in accordance with relevant regulations. There should also be the right to issue logging certificates. J. What are the procedures for felling trees with a forest tenure certificate
- 10 (10) Logging rights transaction blockchain extended reading
A. Whether the owner’s unlicensed logging of a large number of trees on non-planned forest land constitutes a crime of deforestation
It constitutes a crime of deforestation.
Standards for filing cases of indiscriminate logging: According to the “State Forestry Administration and the Ministry of Public Security on the Jurisdiction and Filing Standards for Criminal Cases of Forests and Terrestrial Wildlife”, the starting point for filing a case of indiscriminate logging of forests or other trees is 10 cubic meters 20 cubic meters or more than 500 to 1,000 saplings; indiscriminate felling of more than 50 cubic meters of trees or more than 2,500 saplings is a major case; indiscriminate felling of more than 100 cubic meters or more than 5,000 saplings is a particularly major case.
Article 344 of the Criminal Law violates state regulations, illegally logging or destroying precious trees or other plants under special state protection, or illegally purchasing, transporting, processing, or selling precious Trees or other plants under special state protection and their products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 345, Paragraph 2: Whoever violates the provisions of the Forest Law by indiscriminately cutting down forests or other forest trees, if the quantity is relatively large, 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, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
The second paragraph of Article 345 should be applied to this case.
B. Can I plant trees on my own farmland without a forest tenure certificate and have a land certificate for logging?
Interview Trees must have a harvesting license. Even if the trees are planted in their own arable land, the logging must be carried out after obtaining a logging permit in advance, otherwise it will be regarded as illegal logging and will be punished accordingly.
C. What is the difference between forest tenure of state-owned forest land and collectively-owned forest land? What is the difference in rights and interests in logging and trading, can broad-leaved forest be harvested?
《People’s Republic of China》 The ownership of forest land stipulated in the Forest Law cannot be assigned at will.
1. The Forest Law of the People’s Republic of China and the Regulations on the Implementation of the Forest Law of the People’s Republic of China stipulate that the ownership of forest land and forest trees in my country is divided into four types of rights: forest land ownership, forest land use rights, and forest wood ownership rights. , Woodland use rights. According to Article 9 of the “Constitution of the People’s Republic of China”: “Minerals, water, forests, mountains, grasslands, wasteland, tidal flats and other natural resources are owned by the state, that is, owned by the whole people; Grassland, wasteland, and tidal flats are excluded.” Therefore, the ownership of forest land in my country belongs to the state and collectives.
2. The third paragraph of Article 10 of the Constitution of the People’s Republic of China stipulates: “No organization or individual may occupy, buy, sell or illegally transfer land in other forms. The right to use land may be governed by the law. transfer.” According to the Constitution, my country’s forest land requisition system is implemented. Article 16 of the “Regulations on the Implementation of the Forest Law of the People’s Republic of China” stipulates: “Where it is necessary to occupy or requisition or requisition forest land,” “the land user shall apply to the competent forestry department of the people’s government at or above the county level for land use. According to the prescribed standards, the forest vegetation restoration fee shall be paid in advance, and the approval letter for the use of the forest land shall be obtained. The land user shall go through the approval procedures for construction land according to the law with the approval letter for the use of the forest land. If the occupation or expropriation or requisition of the forest land has not been approved by the forestry authority, the land administrative director shall Departments shall not accept applications for construction land.”
3. The state has stipulated the approval authority for occupation or expropriation of forest land. The second paragraph of Article 16 of the “Regulations on the Implementation of the Forest Law of the People’s Republic of China” stipulates: “Where an area of more than 10 hectares of shelter forest forest land or forest land for special purposes is occupied, expropriated, or requisitioned, the area of timber forests, economic forests, fuel wood forests, and their felled areas shall be 35 hectares. Hectares or more, and other forests with an area of more than 70 hectares, shall be reviewed by the competent forestry department of the State Council; if the area of occupied or requisitioned or requisitioned forest land is less than the above-mentioned specified amount, it shall be reviewed by the competent forestry department of the people’s government of the province, autonomous region or municipality directly under the Central Government. The requisition of forest land in key forest areas shall be reviewed by the competent forestry department of the State Council.” In addition, the return home also stipulates the approval procedures for occupation or requisition of forest land.
Fourth, for urban construction and national key project construction in my country, the forest land is occupied by the method of requisition. Except that the ownership of forest land is not allowed to be sold, the right to use forest land, ownership of forest trees, and right to use forest land and trees can be transferred and transferred.
D. Can I cut down the trees within the scope of my forest tenure certificate?
I don’t know what you want to cut down. With the approval of the local forestry authority, logging can only be done after a logging permit has been obtained.
E. Can I cut down at will after I have obtained the forest tenure certificate?
No, please see the following case to help you understand. . . “Delivered 60,000 yuan, and returned 160,000 yuan after 10 years. “In November 2004, Wang Xiaotang (pseudonym) of Chongqing started to invest in trust afforestation, in the hope of exceeding the value of return. Trust afforestation means that the company obtains the right to use forest land and the ownership of forest trees through leasing, contracting or other methods, and then transfers it to scattered social investors. , and then the investor entrusts the forest land and trees to the company to obtain the promised return on investment. Since the “Decision of the Central Committee of the Communist Party of China and the State Council on Accelerating the Development of Forestry” (hereinafter referred to as Document No. 9) issued in 2003, the forestry investment boom has also In Chongqing, this means that Chongqing, which has a forest area of 2.234 million hectares, is also entering the market. But recently, Wang has become more and more skeptical about the operation of the company. “I am worried that the company is trapping money. Investors who are as worried as Wang Xiaotang are increasing in Chongqing. Attractive “money” scene “When you are awake, the tree is growing; when you are asleep, the tree is growing, and that is money!” “This attractive “money” scene comes from the investment promotion meeting of Junfeng Forestry Development Co., Ltd. (hereinafter referred to as Junfeng Forestry) on the trusteeship cooperative afforestation project on December 29, 2004. The reporter participated as a customer, Bake Town, Changshou District, Chongqing. The 2,500 mu of forest land in Xingfu Village was transferred to Wang Xiaotang and other scattered investors at a price of 6,000 yuan per mu. Junfeng Forestry was registered in November 2003 and announced that it planned to build a commercial forest base of 200,000 mu in 5-10 years. .In September 2004, Junfeng Forestry and the 7 teams of Xingfu Village signed a forest rights transfer contract of 2,500 mu of forest land with a term of 30 years. At present, in Bake Town, the company has successively signed more than 10,000 mu of forestry rights transfer agreement. The site of the investment promotion meeting was hot, and the marketing director gave a high profit prospect: with 10 mu as a unit of sales, investors only need to pay the company the corresponding funds to obtain the right to use and benefit per unit area of forest land, and the company will be responsible for the maintenance, Logging, sales and other related work. According to the current market price, if you invest 10 acres of masson pine, the income will reach 172,800 yuan after 10 years. “There is almost no risk. The director, who has a lot of witty words, assured. He explained: the growth of forest trees is regular and the output volume does not change much; the company has a strong technical force responsible for forest tree maintenance, and the management and maintenance funds are supervised by banks; China’s timber demand is on the rise, In the future, the price of timber will only rise but not fall; the insurance company underwrites it, and natural disasters can be compensated; the customer can sign a repurchase contract with the company to obtain a price guarantee of 700 yuan per cubic meter even if the price of timber falls after 10 years… The same scene It was also staged at another forestry company. On the afternoon of January 3, Chongqing Puluospu Green Technology Industry Co., Ltd. (hereinafter referred to as Puluospu Company), which is only across the road from the office of Junfeng Company, was crowded. The company’s business representatives They enthusiastically promoted their 30,000-mu poplar fast-growing and high-yielding forest in the Daozhen Luolong Tea Farm in Guizhou. A representative was telling the client: “Believe in the company, believe in yourself! In November 2004, Pulos Waterfall was registered, and Wu Haiying, the manager of the company’s administrative department, said that the company’s fast-growing forest storage volume reached 530,000 mu. The price is 3,900 yuan per mu, and the sale starts from 10 mu. Wu said that it can be harvested in 7 years. , the harvesting is not restricted. Its business model and risk protection are the same as those of Junfeng Forestry. As for the income, the company describes it as: “39,000 yuan will become 135,000 yuan. In less than a month, the two managed afforestation investment companies have made a lot of money. A general manager of Junfeng Company surnamed Bai told reporters that they have sold more than 1,000 mu, and Puluos Waterfall said that it has sold more than 200 mu Although the “money” scene is attractive, the reporter found that the income guarantee calculated by the company on the spot was not written into the contract. Is the “money” scene still a trap? The wonderful “money” scene also makes Junfeng Forestry Company excited. When a reporter asked them at what price they got the right to use the forest land in Xingfu Village, the person in charge of the company kept it a secret. For the forest land that Feng Forestry sells at 6,000 yuan per mu, the purchase price of the right to use it is only 10 yuan per mu per year. This is an astonishingly low price. It seems that Junfeng Forestry’s low-price purchase of forests is fully in line with the national Policy: The state stipulates that the transfer of state-owned forest rights must be evaluated, and the procedures are complicated, but for collective forest land, it can be transferred only after negotiation between the two parties and filing with the Forestry Bureau. As for the price, it is also freely negotiated by the two parties. Not worth the money in hand. The entire Xishan Mountain is a closed area for forest cultivation, and logging is restricted by the state. After a year, the entire village has only cut more than 10 squares. Yuan Facheng said, “These forest lands belong to collective forest land, and the ownership of the forest land belongs to the villagers. We decided after a discussion. “Yuan Facheng told reporters that their village would not “return the cost”, “and have no concerns.” This statement was confirmed at the Bake Town Forestry Station. According to Li Xiaowen, the head of the station: “Xishan belongs to the national natural forest protection project, and the national logging guidelines.”�� Very strict. Li also told reporters, “10 yuan is actually far from worth the value of the forest land. Just a tree is worth 5-10 yuan, but for the villagers, the tree can’t be cut down or sold for money, so it’s better to buy it. rent it out. “After paying a certain deposit, Junfeng Forestry successfully obtained the forest tenure of more than 10,000 mu, and quickly applied for some forest tenure certificates in Changshou Forestry Bureau. According to relevant regulations, the forestry department of the State Council only reports to the key state-owned forest areas determined by the State Council. Certificates are issued by state-owned enterprises, and certificates in other regions are issued by the local people’s government at or above the county level. At the same time, urban investors who were told that they had the ownership of the forest land after obtaining the “Forest Tenure Certificate” did not know that the invested forest land was a closed mountain area for forest cultivation, and the state strictly restricted logging. “I thought that having the “Forest Tenure Certificate” means that I can cut down my own trees at will. “Wang Xiaotang said. He began to worry about his income after 10 years. According to relevant regulations, only commercial forests can be harvested in large quantities. This means that investors such as Wang Xiaotang may only watch their trees become productive day by day. Can’t make money from logging. In addition, there is also a lack of effective supervision of forest protection funds. Forestry companies have proved to investors that the corresponding forest protection funds are deposited in the bank, and the bank will supervise the flow of funds. Junfeng Forestry said that the forest protection funds of 2,850 yuan per mu will be handed over to the investors. Supervised by an agricultural bank in Banan District, Chongqing. The reporter learned from this bank that the bank recognized the relevant facts of the behavior, but was unwilling to disclose the specific amount deposited. In this regard, an employee of the credit department of the Agricultural Bank of Chongqing Jiulongpo Sub-branch He believes that banks only supervise the flow and use of loaned funds and funds for key projects, and have no right to interfere with the specific use of such funds. The banker said, “This is actually a self-discipline agreement.” , the market access of forestry companies also lacks legal regulations, which makes forestry companies mixed and increases investment risks. Pulos Waterfall Company was once “exploded” by insiders. 10,000 yuan can earn 2,000,000 yuan and other illegal ways to make money, and it was also exposed by local TV stations. The reporter asked Puluosuo company about this, and the answer was: there is such a person, but if one company fails, you can’t go to another company. According to local media reports in Chongqing: In the Wanzhou District of Chongqing alone, more than 30 foreign companies went to invest in forestry in the second half of 2004. Qianjiang, Youyang and other places have also become hot spots for investigation by large and small businesses. Industry insiders estimate conservatively. , the private capital invested in local forestry during the year is no less than 200 million yuan, and it is expected to be more in 2005
F. What are the current national laws and regulations on the circulation of forest, forest trees and forest land use rights?
The “Forest Law” stipulates that the use rights of timber forests, economic forests, fuel wood forests and their forest land, the use rights of timber forests, economic forests, fuel wood forests slashed and burned, and the use rights of other forests, forest trees and other forest lands stipulated by the State Council The right to use can be transferred in accordance with the law. In addition, the right to use other forests, trees and other forest land shall not be transferred. At present, the state has not formulated specific transfer methods, and some provinces have formulated local regulations, which can be transferred in accordance with local regulations. Respect the management goals of forest managers and protect the legitimate rights and interests of forest managers, but there are specific laws and policies on forest logging. According to the “Forest Law”, the scenic spots and historical sites in special-purpose forests and the trees in revolutionary memorial sites , forests in nature reserves, logging is strictly prohibited; except for rural residents logging private plots and sporadic trees owned by individuals in front of and behind their houses, they must apply for a logging permit and log in accordance with the provisions of the permit. In accordance with the “Forest Law” and its According to the provisions of the Implementation Regulations, applicants who apply for felling trees must submit application documents including the purpose, location, forest species, forest condition, area, accumulation, method and renewal measures to the local forestry authority at or above the county level. above forestry The competent department shall, in accordance with the statutory authority for issuing licenses, examine and issue forest logging licenses within the approved logging quota and annual timber production plan.
G. The forest tenure certificate is my name, do others have the right to interfere with the processing of forest land logging?
Others have no right to interfere without justifiable reasons.
A forest tenure certificate is a certificate issued by the local people’s government at or above the county level or the competent forestry department of the State Council, in accordance with the relevant provisions of the Forest Law or the Law on Rural Land Contracting, and in accordance with relevant procedures, to state-owned or collectively-owned forests and trees. And forest land, individual owned forest trees and used forest land, confirm ownership or right to use, and register and issue certificates.
The forest tenure certificate mainly has the following six functions:
(1) Guarantee�The legitimate rights and interests of forest tenure certificate holders;
(2) The main basis for mediating forest tenure disputes;
(3) The necessary conditions for the acquisition of forest land and forest land circulation;
(4) Requirements for applying for forest logging;
(5) Clarification of the basis of property rights;
(6) Certificates of asset evaluation, equity investment and mortgage.
H. Can the ownership forest tenure certificate be transferred and harvested?
According to the “Constitution”, “Land Management Law” and “Rural Land Contract Law” and other laws, the ownership forest tenure certificate can be transferred , you should first go through the procedures for the transfer of state-owned forest land and trees and pay the transfer fee. After the assignment is made in accordance with the law, the assignee may legally transfer part or all of the use rights for the remaining period of the assignment period to a third party.
For logging, it is necessary to apply for a logging certificate to the forestry department.
According to Article 11 of Chapter 4 of the Administrative Measures for Forest Harvesting:
Applications for forest logging on collective forest land shall be accepted by the forestry station; state-owned operating units and the Management Office of Naobu Park shall apply for forest logging. , which will be accepted by the Forestry Administration Unit. Tending and logging starts to be accepted and approved in April every year. Applicants should submit the following materials (in duplicate) to the acceptance unit.
1. A copy of the logging application and the applicant’s ID card (original must be checked) (for forests and trees that are jointly owned by multiple parties, the application shall be jointly submitted by the parties with the rights);
3. A copy of the certificate of forest ownership or the “Forest Tenure Certificate” (the original should be checked);
4. The Design Manual for the Investigation and Design of the Felling Area or the Simple Investigation and Design Form for the Felling Area;
5. Submit the following relevant materials according to different situations:
(1) The small group that implements clear cutting shall submit the afforestation renewal agreement and reforestation plan on the felled area;
(2) The collectively owned forests shall be Hold all villagers meeting or villager representative meeting for discussion and approval, and submit the resolution materials of the village committee, all villagers meeting or villager representative meeting;
I. >It must be approved by the forestry department to go through the logging permit formalities, and felling shall be done according to the approved quantity, time and location; it is also stipulated that the county-level forestry department or the township or town government entrusted by it shall examine and issue the logging permit in accordance with relevant regulations. There should also be the right to issue logging certificates.
J. What are the procedures for felling trees with a forest tenure certificate
A felling certificate must be obtained for tree cutting.
There is no need for any fee to apply for a felling certificate. You only need to fill in an application form at the greening department of your jurisdiction. After verification, you can apply for a felling certificate at the Municipal Landscape Bureau.
Residents who want to cut down their own trees can contact the greening department of their jurisdiction, and the greening department will help contact professional lumberjacks. The right to the tree belongs to the person who planted the tree, and the cost of cutting the tree is negotiated between the logger and the residents.
Article 32 of the “Forest Law” stipulates: “For felling trees, a felling license must be applied for, and the felling shall be carried out in accordance with the provisions of the license; except for rural residents cutting private plots and sporadic trees owned by individuals in front of and behind their houses. .”
(10) Logging rights transaction blockchain extended reading
Article 29 of the Forest Law of the People’s Republic of China
According to the principle that the consumption of timber forests is lower than the growth rate, the state strictly controls the annual logging amount of forests. State-owned forests and trees are taken as units of state-owned forestry enterprises, farms, factories and mines, collectively-owned forests and trees, and individual-owned trees are counted as counties, and annual logging quotas are set and collected by the competent forestry departments of provinces, autonomous regions, and municipalities directly under the Central Government. , and reported to the State Council for approval after being reviewed by the people’s government at the same level.
Article 30 of the Forest Law of the People’s Republic of China
The state formulates a unified annual timber production plan. The annual timber production plan shall not exceed the approved annual harvesting quota. The scope of program management shall be prescribed by the State Council.
Article 31 of the Forest Law of the People’s Republic of China
The following regulations must be observed in the felling of forests and trees:
(1) Mature timber forests should be based on different conditions , adopt selective cutting, clear cutting and gradual cutting respectively, clear cutting should be strictly controlled, and reforestation should be completed in the year or the following year; , mother forests, environmental protection forests, and landscape forests, only logging for tending and regeneration is allowed; , logging is strictly prohibited.