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中华人民共和国森林法(修正) Forest Law of the Peoples Republic of China

2009-03-24 法律英语 来源:互联网 作者:
ing permits beyond the approved annual felling quotas, or issues timber felling permits, timber transport permits, export approval documents or import or export permits beyond authority in violation of the provisions of this Law shall be ordered by the competent department of forestry of the people's government at the next higher level to make a rectification; the person-in-charge held directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; in case of failure in enforcing rectification by the competent department of forestry of the people's government concerned, the competent department of forestry under the State Council may handle the case directly; where a crime has been constituted, criminal liability shall be investigated according to law.

  Article 42 Whoever engages in buying and selling of timber felling permits, timber transport permits, export approval documents and import or export permits in violation of the provisions of this Law shall be confiscated of the permits or documents illegally bought or sold and the illegal gains, and concurrently imposed a fine of more than 100% and less than three times the amount of price of the permits or documents illegally bought or sold; where a crime has been constituted, criminal liability shall be investigated according to law.

  Whoever forges timber felling permits, timber transport permits, export approval documents and import or export permits shall be investigated of criminal liability according to law.

  Article 43 Whoever illegally purchases timber that he/she clearly knows was piratically felled or indiscriminately felled in forest regions shall be ordered by the competent department of forestry to stop the illegal acts, confiscated of the timber piratically felled or indiscriminately felled and illegally purchased or the gains from the sales thereof, and may be concurrently imposed a fine of more than 100% and less than three times the amount of the price of the timber illegally purchased; where a crime has been constituted, criminal liability shall be investigated according to law.

  Article 44 Whoever, in violation of the provisions of this Law, engages in reclamation, quarrying, sand gathering, earth gathering, seed collection, resin collection and other activities resulting in the destruction of forests and woods shall compensate for the losses incurred accord

ing to law; the offender shall be ordered by the competent department of forestry to stop the illegal acts, to plant more than 100% and less than three times the number of the trees destroyed, and may be imposed a fine of more than 100% and less than five times the value of the trees destroyed.

  Whoever, in violation of the provisions of this Law, cuts firewood or grazes cattle in young forest lands or special-purpose forests resulting in the destruction of forests and woods shall compensate for the losses incurred according to law; the offender shall be ordered by the competent department of forestry to stop the illegal acts and plant more than 100% and less than three times the number of the trees destroyed.

  If the offender refuses to plant trees or fails to conform to relevant state provisions in planting trees, the competent department of forestry shall do it on his/her behalf, and the expenses required shall be paid by the offender.

  Article 45 If any timber felling unit or individual fails to fulfil the renewal afforestation tasks pursuant to provisions, the felling permit issuing department has the power to stop issuing felling permits to it or him/her until it or he/she has completed the renewal afforestation tasks; where the circumstances are serious, the competent department of forestry may impose a fine and the employer unit or the competent organ at the next higher level may impose administrative sanctions on the personnel directly responsible.

  Article 46 Functionaries of the competent departments of forestry engaging in forest resources protection and forestry supervision and administration and functionaries concerned of other state organs who abuse power, neglect duty and indulge in self-seeking misconduct constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.

  Chapter VII Supplementary Provisions

  Article 47 The competent department of forestry under the State Council shall, in pursuance of this Law, formulate measures for its implementation, which shall be submitted to the State Council for approval and put into force thereupon.

  Article 48 In nationality autonomous localities where provisions of this Law may not be applicable in full, autonomous organs may, pursuant to the principles of this Law and in the light of the characteristics of nationality autonomous localities, formulate flexible or supplementary provisions and submit them to the standing committee of the provincial or autonomous regional people's congress or the Standing Committee of the National People's Congress according to legal procedures for approval before putting them into force.

  Article 49 This Law enters into force as of January 1, 1985

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