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Can I cut down my own tree?
1. According to relevant laws and regulations, it is not illegal for rural residents to cut down scattered trees in their own yards, in front of their houses, behind their private plots, etc. And fruit trees planted in non-Yamanoue are not the targets of deforestation. At the same time, the law stipulates that the trees in front of the house or on the private plot belong to the first-and second-class wild plants and ancient trees protected by the state, and they can't be cut if they want to. Collecting and cutting need to apply for a cutting license according to law;
2. For urban residents, the trees in front of and behind their houses, no matter who planted them, even fruit trees, are regarded as public greening after planting, and individuals have no right to cut them down. If trees affect normal life, such as light, safety and other factors, residents can ask about the property, and the property can apply to the greening department, and can't handle it without authorization;
3, rural residents hilly land and individual contracted collective forest trees, by the competent forestry department of the people's government at the county level or its entrusted Township People's government issued a cutting license. If you cut down trees privately, more than a certain number of cubes or trees may be suspected of deforestation and will be investigated for criminal responsibility according to law.
Legal basis: Article 345th of the Criminal Law of People's Republic of China (PRC).
Crime of illegal logging Whoever illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
The crime of deforestation violates the provisions of the forest law. Whoever cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Crime of illegal acquisition, transportation, illegal logging and deforestation; If the circumstances are serious, he 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.
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