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	INTERPRETATION OF THE SUPREME PEOPLE'S COURT ON THE APPLICATION OF LAW IN THE TRIAL OF CRIMINAL CASES OF DESTRUCTING FORESTLAND RESOURCES

	(Announcement of the Supreme People's Court (Interpretation No. 15 [2005] of the Supreme People's Court), December 26, 2005: adopted at the 1374th meeting of the Judicial Committee of the Supreme People's Court on December 19, 2005, and shall come into force as of December 30, 2005)


SUBJECT : LEGAL INTERPRETATION; DESTRUCTING FORESTLAND RESOURCES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/26/2005
IMPLEMENT DATE : 12/30/2005
LENGTH : 999 words
TEXT :

In order to punish the criminal activities of destructing forestland resources, according to law and according to the relevant provisions of the Criminal Law of the People's Republic of China and the relevant provisions of the Interpretations of the Standing Committee of the National People's Congress on Articles 228, 342, and 410 of the Criminal Law of the People's Republic of China, we hereby interpret the specific application of law in such criminal cases as follows:

Article 1. Where anyone violates the relevant regulations on land administration by unlawfully occupying any forestland, altering the purpose of forestland occupied or carrying out any activity of building any kiln, grave or house, excavating sand, quarrying sands or rocks, mining or extracting soil, planting crops or piling up or excreting wastes or by engaging in any non-forest production or construction and thus incurring any serious damage or pollution to the original vegetation of or planting conditions for forestland in any of the following circumstances, and it is a criminal act prescribed in Article 342 of the Criminal Law, the violator shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined under the crime of illegal occupation of farmland:

(1) Illegally occupying and damaging any shelter forestland or special-purpose forestland that separately or totally amounts to more than 5 mu;

(2) Illegally occupying and damaging any other forestland that amounts to more than 10 mu;

(3) Illegally occupying and damaging the forestland prescribed in item (1) or (2) of the present Article, which separately amounts to more than 50% of the quantity standards in the relevant provisions; or

(4) Illegally occupying and damaging the forestland prescribed in item (1) or (2) of the present Article, one item of which amounts to more than 50% of the quantity standards in the relevant provisions and where the total amount of two items amounts to the quantity standards in the said provisions.

Article 2. Where any functionary of the state organ practices favoritism for personal gains, violates the relevant regulation on land administration, abuses his power or unlawfully approves any requisition or occupation of forestland in any of the following circumstances, it is a case of "serious circumstance" prescribed in Article 4 of the Criminal Law and the violator shall be sentenced to fix-term imprisonment of not more than 3 years or detainment under the crime of illegal approval for requisition or occupation of land:

(1) Illegally approving the requisition or occupation of any shelter forestland or special-purpose forestland that separately or totally amounts to more than 10 mu;

(2) Illegally approving the requisition or occupation of any other forestland that amounts to more than 20 mu; or

(3) Illegally approving the requisition or occupation of any forestland and thus incurring a direct economic loss of more than 300, 000 yuan or incurring any damage to the forestland prescribed in item (1) of the present Article that separately or totally amounts to more than 5 mu or to the forestland prescribed in item (2) of the present Article that amounts to more than 10 mu.

Article 3. Where anyone has any act prescribed in Article 2 of the present Interpretation in any of the following circumstances, it is a case of "especially heavy losses are caused to the interests of the State or the collective" prescribed in Article 410 of the Criminal Law and the violator shall be sentenced to fixed-term imprisonment of 3 years up to 7 years under the crime of illegal approval for requisition or occupation of land:

(1) Illegally approving the requisition or occupation of any shelter forestland or special-purpose forestland that separately or totally amounts to more than 20 mu;

(2) Illegally approving the requisition or occupation of any other forestland that amounts to more than 40 mu; or

(3) Illegally approving the requisition or occupation of any forestland and thus incurring a direct economic loss of more than 600, 000 yuan or incurring any damage to the forestland prescribed in item (1) of the present Article that separately or totally amounts to more than 10 mu or to the forestland prescribed in item (2) of the present Article that amounts to more than 20 mu.

Article 4. Where any functionary of the state organ practices favoritism for personal gains, violates the regulation on land administration, illegally transfers the use right of state-owned land at a low price in any of the following circumstances, it is the a of "serious circumstances" prescribed in Article 410 of the Criminal Law and the violator shall be sentenced to fixed-term imprisonment of not more than 3 years or detainment under the crime of illegal transfer of the use right of state-owned land at a low price:

(1) Where the forestland amounts to more than 30 mu and the transfer price is lower than 60% of the minimum price standard prescribed by the state; or

(2) Where the losses of state-owned assets amount to more than 300, 000 yuan.

Article 5. Where anyone has any act prescribed in Article 4 of the present Interpretation and thus incurs a loss of more than 600, 000 yuan of state-owned assets, it is a case of "heavy losses are caused to the interests of the State or the collective" prescribed in Article 410 of the Criminal Law and the violator shall be sentenced to fix-term imprisonment of 3 years up to 7 years under the crime of illegal transfer of the use right of state-owned land at a low price.

Article 6. Where any entity destroys any forestland resources and thus commits a crime, it shall be handled according to the relevant standards for conviction and punishment prescribed in the present Interpretation.

Article 7. Where anyone repeatedly makes any of the acts prescribed by the present Interpretation that shall be subject to prosecution but hasn't been handled according to law, the violator shall be subject to a punishment based on the accumulated quantity and amount.