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REPLY OF THE SUPREME PEOPLE'S COURT ON ISSUES CONCERNING HOW TO APPLY LAW TO ACTS OF FELLING WOODS OR OTHER FORESTS OWNED BY THE RESPECTIVE ENTITY OR INDIVIDUAL OUTSIDE THE PLACE AS PRESCRIBED IN THE LICENSE OF TREE FELLING |
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(Announcement of the Supreme People's Court of the People's Republic of China (No.3 [2004] of the Supreme People's Court), March 26, 2004: The Reply of the Supreme People's Court on Issues concerning How to Apply Law to Acts of Felling Woods or Other Forests Owned by the Respective Entity or Individual Outside the Place as Prescribed in the License of Tree Felling, which was adopted at the 1312th meeting of the judicial committee of the Supreme People's Court on March 23, 2004, is hereby promulgated, and shall be implemented as of April 1, 2004) |
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SUBJECT : INTERPRETATION; LICENSE OF TREE FELLING |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 03/26/2004 |
IMPLEMENT DATE : 04/01/2004 |
LENGTH : 215 words |
TEXT : |
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Recently, some courts reflected that the issue concerning law application for acts of felling woods or other forests owned by the respective entities or individuals outside the places prescribed by the license of tree felling is not clear. We hereby give the following reply upon deliberations:
Where any entity or individual fells woods or other forests owned by itself or himself/herself outside the place prescribed by the license of tree felling in violation of the provisions of forest law, except the situation that the rural residents fell the few forests owned by themselves in their own land or in front of or in the back of their houses, it shall be deemed as the circumstances of "not being approved by the competent administrative departments of forests and other competent departments prescribed by laws and not being issued the license of tree felling after verification" prescribed in item (1), paragraph one of Article 5 of the "Interpretation of the Supreme People's Court on Some Issues concerning the Specific Law Application for Trial of Criminal Cases of Destroying Forest Resources". If the amount of woods felled is larger, he shall be convicted of committing the crime of illegal denudation of forests and punished in accordance with the provisions of paragraph two, Article 345 of the Criminal Law.
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