最高人民法院在“全国生态日”到来之际,发布四起滥伐林木的典型案例,旨在通过司法实践明确保护森林资源的态度,并提升公众的生态保护意识。
案例一涉及吴某良等人的滥伐林木行为。他们未经许可擅自砍伐自种的林木,数量巨大,构成滥伐林木罪。法院依法判处刑罚,并在审理过程中开展普法宣传,以案例教育公众遵守森林采伐限额制度和林木采伐许可制度。
案例二中的洪某应因采用环剥树皮的方式破坏森林资源,构成滥伐林木罪。考虑到其自愿认罪认罚,法院依法适用缓刑,同时坚持“治罪”与“治理”并重,促进森林生态修复。
案例三中,李某贵等人和梁某富等人因滥伐林木和非法运输滥伐的林木,分别构成滥伐林木罪和非法运输滥伐的林木罪。法院对非法采伐、运输等行为构成的非法木材生意利益链进行全链条打击,强化了森林资源保护的司法屏障。
案例四涉及北京市密云区园林绿化局申请执行行政处罚案。齐某因砍伐自家退耕还林地里的板栗树被行政处罚。法院在裁定准予强制执行的同时,协调齐某异地补植板栗树,实现了生态保护效果的总体平衡。
这些案例体现了人民法院坚持最严法治理念,服务生态文明建设,同时公正司法与以案说法紧密结合,增强全民守法意识。通过这些案例,法院传递了明确的信息:滥伐林木是违法行为,必须依法受到惩处,同时鼓励行为人通过生态修复的方式承担社会责任,共同守护绿水青山。
英语如下:
News Title: “Supreme Court Unveils Typical Cases of Illegal Logging”
Keywords: Illegal Logging Punishment, Case Warnings, Ecological Protection
News Content: In the lead-up to the “National Ecological Day,” the Supreme Court released four cases of illegal logging to highlight its stance on protecting forest resources and to raise public awareness of ecological protection.
Case One involves the illegal logging activities of Kong Weilong and others. They cut down their own planted trees without permission, in large quantities, committing the crime of illegal logging. The court sentenced them according to the law and carried out legal education during the trial, using the case to educate the public about adhering to the forest harvesting quota system and the timber harvesting permit system.
In Case Two, Hong Ying was found guilty of destroying forest resources by peeling the bark of trees, committing the crime of illegal logging. Considering his voluntary confession and willingness to accept punishment, the court applied probation according to the law, while also emphasizing a balance between punishing the crime and restoring the forest ecosystem.
Case Three involves Liang Gui and others who were found guilty of illegal logging and the illegal transportation of illegally cut timber. The court targeted the entire illegal timber business chain, including illegal harvesting and transportation, thereby strengthening the judicial barrier for the protection of forest resources.
Case Four concerns an application for the enforcement of a penalty by the Yincheng District Garden and Greening Bureau of Beijing against Qi Xiao. Qi was fined for cutting down peach trees on his own land that had been reforested after being converted from farmland. While granting the enforcement, the court coordinated with Qi to plant peach trees in another location, achieving a balanced ecological protection outcome.
These cases demonstrate the courts’ commitment to the strictest form of governance, serving the construction of ecological civilization, and the close integration of fair justice with legal education, enhancing the public’s awareness of law-abiding. Through these cases, the court sends a clear message: illegal logging is a violation of the law that must be punished according to the law, and it encourages individuals to take responsibility for ecological restoration and work together to protect the green mountains and clear waters.
【来源】http://www.chinanews.com/gn/2024/08-14/10268570.shtml
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