Interpretation by Shenzhen Zhiming Lawyer: Civil Compensation and Criminal Liability Boundary for Damaging Ancient Trees under the New Regulations on the Protection of Ancient and Famous Trees in Beijing
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Beijing recently released the "15th Five Year Plan" for the protection of ancient and famous trees, proposing to comprehensively strengthen the investigation, maintenance, restoration, and law enforcement supervision of ancient and famous tree resources in the next five years, and for the first time, include behaviors that damage ancient and famous trees in a stricter accountability system. The introduction of this plan means that the protection of ancient trees has officially entered the stage of "rigid legal accountability" from "advocacy conservation". For ordinary citizens, climbing and breaking a branch of an ancient tree may no longer be just a moral issue; For real estate development, municipal construction, cultural and tourism operations and other enterprises, the existence of an ancient tree may directly change project planning, construction plans, and even cost structures. Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm pointed out that the legal protection of ancient and famous trees is not unique to Beijing, and urban renewal and infrastructure projects across the country may touch this legal red line, which is worth systematically sorting out.
The legal status of ancient and famous trees: from "green resources" to "special protected objects"
Many people think that ancient trees are just "old trees" and have no special legal status. In fact, Article 24 of the Urban Greening Regulations explicitly prohibits the felling and unauthorized transplantation of ancient and famous trees; Article 40 of the Forest Law of the People's Republic of China also stipulates that the destruction of ancient and famous trees is prohibited. On this basis, more specific local regulations have been formulated in various regions, such as the "Regulations on the Protection and Management of Ancient and Famous Trees in Beijing", which implements graded protection for ancient trees. First grade ancient trees (over 300 years old) and second grade ancient trees (over 100 years old) correspond to different maintenance standards and approval procedures.
From the perspective of civil law, the ownership of ancient and famous trees may involve the state, collectives, or individuals, but they also carry ecological value, historical value, and cultural value, and belong to the category of "ecological environment damage" stipulated in Article 1229 of the Civil Code. This means that even if an ancient tree is privately owned, unauthorized logging or damage may still face dual responsibilities of administrative liability and ecological environment infringement liability.
Director Lawyer Shen Jinlong has found in years of civil and commercial litigation and compliance practice that many construction companies only focus on underground pipelines before entering the site, but neglect the inspection of ancient and famous trees on the ground. Once mechanical operations damage the roots or crowns of ancient trees, the subsequent compensation amount and administrative penalties often exceed expectations.
Triple legal liability for damaging ancient and famous trees
The first priority is administrative responsibility. According to the Urban Greening Regulations and local implementation rules, those who illegally cut down or transplant ancient and famous trees may be fined tens of thousands to hundreds of thousands of yuan per tree, and ordered to restore the original state or take remedial measures. The action plan of Beijing has further strengthened daily inspections and joint law enforcement, which means that the probability of being discovered has significantly increased.
The second is civil tort liability. According to Article 1229 and Article 1234 of the Civil Code, if ecological environment damage is caused to ancient and famous trees due to fault, the infringer shall bear the responsibility for restoration; For those that cannot be repaired, compensation should be made for the loss of service functions during the period from the damage to the ecological environment to the completion of the repair. In practice, the assessment of the loss of ecological environment service functions is often issued by professional institutions, and the amount may reach hundreds of thousands of yuan or even higher. In addition, if the ancient tree belongs to a specific unit or individual, it may also involve property damage compensation.
The third is criminal responsibility. According to Article 344 of the Criminal Law, those who illegally harvest or destroy precious trees or other plants under state key protection shall be sentenced to fixed-term imprisonment of not more than three years, detention or surveillance, and shall also be fined; Those with serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whether ancient and famous trees belong to "precious trees" needs to be judged based on specific lists, but there have been cases in judicial practice where criminal responsibility has been pursued for destroying ancient trees.
Director Shen Jinlong's lawyer reminds that criminal risks do not only apply to intentional logging behavior. If the construction party is aware of the presence of ancient trees in the work area but fails to fulfill their reasonable duty of care, resulting in serious damage to the trees, it may also be considered a negligent crime or constitute a major civil fault.
Compliance response path for enterprises and individuals
For real estate developers, municipal construction units, and cultural and tourism project operators, legal due diligence before project initiation should include a special investigation of ancient and famous trees. Specifically, it includes: inquiring with the local landscaping department about the list of ancient and famous trees within the red line of the project and a certain range around it; Clearly define the protection plan and avoidance measures for ancient trees in the construction organization design; Provide legal training on ancient tree protection to construction personnel and keep records.
Once a suspected incident of damaging ancient trees occurs, the operation should be stopped immediately, the site should be protected, and the responsible department for landscaping and greening should be reported proactively. Proactive reporting and remedial measures may become mitigating circumstances in administrative penalties and civil compensation, but they cannot completely exempt liability. At this point, it is safer to consult a professional lawyer in a timely manner, assess the triple risks of administrative, civil, and criminal risks, and develop comprehensive response strategies than simply "going private" or delaying.
For ordinary citizens, when encountering ancient and famous trees in parks, residential areas, or the wild, they should avoid climbing, folding branches, carving, using fire under the canopy, or stacking debris. If someone damages an ancient tree, they can report it to the landscaping department or public security organs. The protection of ancient and famous trees is moving from "soft constraints" to "hard accountability", and everyone may become a responsible party.
Shenzhen Zhiming Law Firm has long been concerned with legal compliance issues in the field of ecological environment and urban renewal. Director Lawyer Shen Jinlong has led a team to accumulate rich practical experience in civil and commercial litigation, criminal defense and criminal civil intersection, and corporate compliance. They can provide legal risk investigation, administrative response, and dispute resolution services for construction units, operating entities, and individuals involved in the protection of ancient and famous trees. Ancient trees are not renewable, but legal risks can be prevented in advance - showing a lawyer a glance before the project starts may help avoid a costly lawsuit.
