盗伐、滥伐林木材积测算及定案研究

Study on estimation of tree volumes and final decision for deforestation and illegal felling of forests

盗伐、滥伐林木材积数量是对案件定性、对行为人处罚的重要依据。目前材积测算的方法较多,相关法律法规对测算方法没有统一规定,导致同一案件出现多个测算结果。笔者采用案例研究、调查访问、模拟现场调查等方法,根据涉案林木的状态,分别对几种常用的测算方法的精度进行了比较研究,提出应根据不同案情确定材积测算方法;同一案情有多种测算方法时,应优先选用精度较高的方法,使测算结果具有唯一性,并经司法机关认可取得合法性。这样对盗伐、滥伐林木案件进行定案时可减少争议的出现,缩短办案时间,提高办理毁林案件的质量。

The number of timber volume involved in illegal logging and severe deforestation is an important basis for determining the nature of law case and penalties for the perpetrators. At present, there are many methods of volume measurement. And there is not any unified provisions of relevant laws and regulations on the calculation methods, which result in a number of measurement results in one case. In this paper, several methods such as case studies, investigation, and scene simulation are employed according to the timber state involved in the case. Comparative study is also used concerning the accuracy of several commonly used methods of measuring. Volume measurement methods should be determined according to different cases. Preference should be given to the high precision method when there are several measurement methods used in one case. Only in this way, the results of the measurement can be recognized by the judicial organ be unique and legitimate. Such eases of illegal logging and deforestation can reduce the emergence of the dispute, the time of case handling and improve the quality of handling of forest cases.