December 1, 2021，The Supreme People's Court released the "31st Batch of Guiding Cases" (Fa [2021] No. 286)，No. 172 "Qin Family Xuexue Forest Criminal Criminal Civil Demonstration Case" is a typical guidance case for the crime of lingering forest。The basic case is: 1998，Qin Jiaxue contracted Baiyunshan Nature Reserve's core area of ​​"land 坳" mountain forest，Since the following year, it has been planned to plant fir forests in a planned manner，The Forest Land is located in the public welfare forest，belonging to the public welfare forest land。Subsequent，Qin Jiaxue did not apply for a "forest mortar permit"，Violation of Forest Law，Saturium forest on its contracting ground without authorization，117.5 acres of forests in the logging protection area，15.46 acres of wood outside the core area。Appraisal，Qin Jiaxue cuts 1010 forests in the Qin family，Forest Him accumulated 153.3675 cubic meters，County Forestry Survey and Planning and Design Team issued a description of the design and supplementary work design，Calculate the cost of replenishment and reciprocating green costs 66025 yuan。Public prosecution agencies filed a public prosecution for abusing forests，And in the process of litigation, it will be attached to civil public interest litigation on the grounds of social public interests。Finally determined that the Qin family criminals were criminal，Three years in prison for sentences，Four years of probation，and a fine of 10,000 yuan，And 5050 plants of one year's fir saplings in the "Land 坳" within two years after the judgment takes effect，The survival rate reaches more than 90%。

The characteristics of the referee in this case are three: first，This case emphasizes the ecological legal benefit of the protection of forest resources，Compared with the previous protection bet365 live casino games of the legal benefits of forestry management order and the law of the property property，Protection of ecological law enriches the connotation of protecting the benefits，The perspective of the protection of criminal law shifted from a single to multiple。2，This case adds public interest litigation on the basis of criminal proceedings，The loss of the ecological legal benefits of forest resources as the loss of social public interests，Refer to Article 39, paragraph 2 of the "Forest Law of the People's Republic of China", and submit a lawsuit request for supplementing trees。third，This case scientifically and reasonably calculate the loss of ecological legal benefits，Fully refer to expert suggestions，In the choice of ecological restoration measures，Experts issued "Land 坳" supplementary plant and supplementary work designs and related professional information and suggestions，​​Losses the loss of ecological legal benefits abusing forest to minimize。

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"Qin Family Case" is carried out around the protection of the ecological resources of the forest and wood，The choice of protecting the law has abandoned the theory of order and benefit and the benefit of property law，Instead of adopting ecological human centers, the law of benefit theory。On the choice of the protection of the protection of the law of forest resources，Only when there is the preservation of the environmental conditions of existing human and future human environment，Ecological environment becomes independent protection law。The legal benefits of the crime of abusing forests include the ecological damage of the forest and wood that has been or possibly caused by the abuse，Ecological damage consequences will endanger or may endanger the ecological safety of the forest and wood that must be dependent on human survival and development，and cause serious function degradation in the forest ecosystem itself。In short，The theory of human centers in the crime of abusing forest wood chose ecology is a manifestation of active bet365 Play online games criminal law，Prevention protection of forestry resources in line with the national level，Based on the integration of human society and natural environment to protect forest resources。

The theory of the human center law and benefit theory that adheres to the ecology of this case adopts integrated thinking，Because the forest is in the core area of ​​the nature reserve，and forests have to keep soil and soil、Maintaining the role of biological diversity，Therefore, the forests contracted and managed by Qin Jiaxue have been identified as an indiscriminate integral part of the forest resources in the nature reserve，Disdling behavior severely damaged the ecological environment，Diversity of biological diversity。Based on integrated thinking, choose the protection of the crime of abusing forest，Find a balance between the values ​​of the environment and the value of the human standard，Test the legal benefits of the crime of abusing forest wood back to the impact of forest damage on human society，It is mentioned that the loss of legal benefits in human society and the natural environment is mentioned，This is not only in line with the prevention concept of active criminal law，and also fulfill the scope of the protection of the criminal law。

　　Using criminal attachment of civil public interest litigation calculation law loss

This case as a guidance case helps optimize the processing procedure of the category，In order to safeguard the public interests of social，Introducing civil public interest litigation during criminal proceedings。Public interest litigation in this case，It is because the damage of the abuse of forests on ecological legal benefits continues to the social public domain，It will infringe on social public interests。Leading public interest litigation by the procuratorate，Can better protect the ecological value of the forest and wood，Mobilized multi -party forces to calculate the ecological loss of forest resources in the process of public interest litigation，and based on an ecological environment, adopt integrated thinking to calculate the law loss of legal benefits。

bet365 live casino games First，The loss of ecological legal benefits caused by abusing forest wood is mainly the direct loss of forest resources，Including carbon release loss value caused by forest destruction、Ecological service value of forest destruction period and ecological service value of forest recovery period，Covering the entire process of forest growth。Carbon release loss caused by forest destruction is directly related to its carbon exchange capacity，In the process of achieving carbon neutralization，Lin Mu, as the main body of the land ecosystem, has a strong carbon exchange capacity，Calculating the loss of carbon release is in line with the concept of carbon peak carbon neutralization。Ecological service value of the destruction period of the forest corresponds to the ecological loss caused by the destruction stage of the forest，The ecological value of Linmu is closely related。The value of ecological services in the restoration period of Linmu uses development vision to calculate ecological losses，Compared with the ecological service value of forest resources in mature periods，The value of ecological services in the restoration period is relatively low，The difference is the loss of ecological legal benefits，The value of ecological service value that should be provided by forestry resources but not provided due to destruction。

Second，The loss of human society caused by the behavior of abusing forest wood is indirect losses caused by the loss of natural environment。The reason for the adoption of public interest litigation in this case is that the public interest of the society is damaged，The damage to the damage to the damage to the ecological environment of the ecological environment is attributed to the category of public interests in the society，It shows the close connection between human society and the natural environment。Public welfare that attaches great importance to attached environmental civil public interest litigation，The court can better exercise the responsibilities of explanation，When a case Bet365 app download of lack of or omitted demands for relief ecological environmental damage，Add by the judicial organs。other，indirect losses of human society caused by the behavior of abusing forest wood，There is an inherent connection between the need to delay the behavior and the damage of legal benefits，For example, the forest after cutting cannot provide ecological services for surrounding residents，Then the damage of ecological legal benefits and the loss of human society have inherent contact，Otherwise, it should not be included in the loss of public interest。

　　Ecological restoration with the help of experts

"Reform Plan for Ecological Environmental Damage Compensation System" (Zhongqi Fa [2017] No. 68) clearly proposed to reflect the ecological functional value of the environmental resource，Promoting the obligations of compensation to repair the damaged ecological environment，Ecological environment damage cannot be repaired，Implementing currency compensation，Used to replace repair。When the ecological restoration obligations are formulated in this case，Refer to the forestry planning and design unit、Professional opinions issued by the competent department of nature reserve，Tree species that clearly fulfill the obligations of repair、tree age、Location、quantity、Specific requirements for survival rate and completion time，Ensure the professionalism of ecological restoration。

With the help of scientific and reasonable expert opinions，Give full play to the applicable value of ecological restoration as a non -penalty measure，Can restore the loss of the ecosystem to the greatest extent，The scientific and reasonable supplementary measures in this case and the pre -paid -of -plan replenishment green margin are considered as a lightweight torture love festival，Reflecting the recovery judicial concept。In the specific execution of ecological restoration，From the perspective of ecological civilization construction，Fully refer to the ecological restoration professional suggestions bet365 best casino games proposed by professional institutions，Reasonable formulation of ecological repair plan。Ecological restoration measures in this case to tree species、Specific requirements for age and other requirements for scientific settings，Ecological repair measures formulated by professional institutions are more realistic and feasible。The loss of calculating ecological legal benefits in professional opinions mainly revolves around the loss of carbon release，Carbon exchange loss and existing technology，Choose the advantage tree species of ecological restoration，Due to single carbon reserves = single plant biomass × carbon -containing coefficient，Single -plant biomass refers to the weight of a single living plant represented by dry weight，Carbon -containing coefficient refers to the ratio of the total amount of organic carbon possessions in the bioe biological amount of wood，So choosing an advantage tree species will speed up the loss。In short，During the process of ecological restoration，Forest and wood supplementation and other measures should be selected for the advantage tree species，and combined with the local natural environment for reasonable secrets，Keep scientific growth density。

Under the background of emphasizing "carbon -to -peak" and "carbon neutral"，Protection of forest wood resources is related to the actual effect of the construction of ecological civilization in my country，Aimed at the abuse of forests that are repeatedly banned in judicial practice，The ecological transformation of the protection of the crime of lingering forests is promoted，and take this as an opportunity to optimize the judicial application of the crime of abusing forest。No. 172 guidance case indicates the direction of judicial applications for the crime of lingering forest，Highlight the protection of the ecological legal benefits of forest resources，Develop criminal law interpretation and procedures around the consequences of ecological damage，Provides a complete criminal guarantee for the construction of "Green China"。

　(This article is the National Social Science Foundation General Project "Research on the Boundary and System Construction of Criminal Responsibility for Network Services" (18BFX104) phased achievement)

(Author Unit: School of Law of Southeast University)