非法采伐普通木材运输刑事案件裁量的实证分析

Empirical Study on Criminal Cases Discretion of Illegally Logged Common Timber Transportation

森林是绿色发展的基础,木材非法采伐是影响林业可持续发展的重要因素。非法采伐的木材若在市场上交易,运输环节具有不可替代的作用,特别是运输明知是非法采伐木材的犯罪行为,更加应当受到关注。从全国范围来看,各省非法采伐普通木材运输刑事案件虽然在数量上有较大差异,但具有普遍性的特点。目前,非法采伐木材运输刑事案件一般采用并案方式审理,主要适用简易程序,定罪量刑并不统一。研究表明,法院在审理案件时需要意识到运输环节在非法木材交易中的重要性、避免自由裁量权的滥用,同时修改相关的司法解释作为审理非法采伐普通木材运输刑事案件定罪量刑的法律依据,从而为林业法治提供研究思路。

Forest is the basis of green development, and illegal logging is an important factor restraining the sustainable development of forestry. If the illegally logged timber can be traded in the market, transportation of it has the irreplaceable function. In this case, we should pay more attention to the crime for transporting illegally logged timber which is clearly known by defendant. From the perspective of the whole country, although the criminal cases of transportation of illegally logged common timber differ greatly in number from one province to others, they are generally happened. At present, such criminal cases are ordinarily tried in the way of joint, which mainly applies to the summary procedure, and the conviction and punishment are not unified. The study showed that the court should to be fully aware of the importance of transportation in illegal timber trade, and tried to avoid the abuse of discretion. In the meantime, relevant judicial interpretation should be modified as the legal basis for the convicting and sentencing of criminal cases of transportation, which could be another idea of researching the rule of law in forestry.