非法收购盗伐、滥伐林木罪实证研究

Empirical Study on Crime of Illegal Acquisition of Lumber Unlawfully or Destructively Felled

对223例非法收购盗伐、滥伐林木罪案件进行统计与分析。结果表明,该类案件主要发生于经济发展水平较低,林业资源丰富的西南地区;被告人多为农民和个体经营者,受教育程度多为初中以下,以牟利为主要目的,多为非共同犯罪,但是对共同犯罪的认定存在争议;主观方面为明知,实践中明知的证明存在问题;犯罪情节以情节严重为主;对枯死木是否纳入犯罪对象需进一步探讨;实践中对该罪既遂形态的认定存在分歧;鉴定机构多头混乱,鉴定标准不统一,导致被告人对鉴定的信服率低;刑罚以3年以下有期徒刑为主,多适用缓刑,适用刑罚辅助措施的较少。藉此提出了相应的建议。

The statistics and analysis for 223 cases of illegal acquisition of lumber unlawfully or destructively felled showed that such cases mainly occurred in Southwest China with poor economic and abundant forestry resources.Most of the defendants were farmers and self - employed persons,who were under junior high school educated,and were not joint crimes for the main purpose of making profits,but the identification of joint crimes was controversial.Subjective aspect was knowingly,and there were problems in the practice of proof of knowingly.The circumstances of crime were mostly serious,and whether the dead wood was included in the criminal object that needed further discussion.In practice,there were differences in the identification of the completed form.The identification organizations were confused and the identification criteria were not uniform,resulting in the defendants' low convincing rate for the identification.The penalty was mainly fixed - term imprisonment of less than 3 years,with more probation and less non - penalty measures.Therefore,some suggestions were put forward in this paper.