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Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第6期  
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Plants and vegetation play an important role in protecting the ecological environment and affecting the ecological chain cycle. Our country's laws provide legal basis for protecting the ecological environment and guiding people to live in harmony with nature through the Constitution and relevant provisions.

Relevant constitutional and legal provisions

The Constitution of the People's Republic of China stipulates that natural resources belong to the state and precious animals and plants are protected. The state encourages afforestation and establishes Arbor Day. Destroying vegetation may face administrative or criminal responsibility. The Criminal Law has relevant charges, such as the crime of endangering nationally protected plants. There are also specialized laws and administrative regulations such as the Grassland Law and the Forest Law to comprehensively protect plants.

Precious and rare plants are under national key protection

Through the case of Zhang San and Li Si illegally trading the nationally protected plant Cymbidium, this article explains the legal regulation of illegal harvesting and sale of nationally protected wild plants in China's Criminal Law. Zhang San illegally harvested and sold orchids to Li Si without obtaining a collection certificate. Both of their actions constitute the crime of endangering nationally protected plants and should bear criminal responsibility in accordance with the law. At the same time, it is pointed out that the protection scope and list of precious and rare plants are announced by the State Forestry and Grassland Administration, aiming to strengthen the protection and management of wild plant resources.

Negligently igniting trees should be held responsible

During the Qingming Festival, Wang Wu used a lighter to light burning paper in the cemetery due to negligence, and failed to properly dispose of the remaining fire, resulting in a forest fire covering an area of 20 hectares and causing direct property losses of over 60000 yuan. According to the Grassland Fire Prevention Regulations and the Forest Fire Prevention Regulations, Wang Wu's behavior constitutes the crime of fire and should bear corresponding criminal responsibility.

The use of grassland cannot be changed arbitrarily

Zhao Liu illegally occupied grasslands to grow food crops, destroyed soil structure, violated the Land Management Law and Criminal Law, and constituted the crime of illegal occupation of agricultural land. The law stipulates the protection of arable land, prohibits deforestation, grassland destruction, and cultivation of arable land, and maintains ecological balance. Citizens should abide by laws and regulations, and take care of the environment.

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