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Jimu News commentator Xu Hanxiong

According to Article 29 of the Shanghai Greening Regulations, it is prohibited to cut down trees without authorization. Anyone who cuts down trees without authorization will be fined five to ten times the greening compensation standard by the municipal or district greening management department.

If Mr. Liang was suspected of cutting down the camphor tree outside the courtyard wall without authorization, it is not surprising that he received a ticket. After receiving the ticket, he filed a petition, requesting the court to revoke the penalty decision because he was dissatisfied.

According to Mr. Liang, the side of his villa is the main road of the community. The trees on the roadside are getting bigger and bigger. The nearest trunk is less than 10 centimeters away from the courtyard wall. About 1/3 of the roots are under the wall and have extended into his home. Some floor tiles on the first floor are also arched up. The roots have blocked the sewage pipes below.I spent nearly 200,000 yuan to repair the yard twice.。

The camphor tree was next to the house before being cut down (Photo source: Dafeng News)

Due to concerns about the harm caused by camphor trees,Mr. Liang said that he called the 12345 citizen hotline for help twice in December 2020 and April 11, 2021.The hotline responded that the community’s public greening is not under the jurisdiction of the greening department, and it is recommended to report to the property owners’ committee and the property company.On April 28, 2021, Mr. Liang wrote a written application report to the property management and neighborhood committee, but has not received a clear reply.

In June 2021, the community implemented a government-invested rainwater and sewage renovation project, and three owners discussed taking this opportunity to get rid of the big trees. After Mr. Liang and the other three owners dug up the three trees, the urban management of the Xinqiao Town Comprehensive Law Enforcement Team came and took notes.

August 14, 2024The administrative penalty decision issued by the Xinqiao Town Government shows that on June 25, 2021, an investigation was filed into Mr. Liang's suspected unauthorized felling of trees in accordance with the law.After investigation, at 12:52 on June 16, 2021, Mr. Liang cut down trees without authorization on Changdong Road, Xinqiao Town, Songjiang District.This agency believes that Mr. Liang’s behavior violates the Shanghai Greening Regulations and other relevant regulations, and has imposed an administrative penalty of 30,750 yuan.

Mr. Liang was dissatisfied with the punishment because he thought that he had reported the damage of the camphor tree many times but it had not been resolved.Mr. Liang believes that the case of his tree digging was filed on June 25, 2021. It has been exactly three years now, and the legal statute of limitations has long expired.

Felling site (Photo source: Dafeng News)

According to Article 23 of the Shanghai Greening Regulations, green areas in residential areas shall be maintained by property management companies or owners entrusted by owners. The regulations also stipulate that if trees seriously affect residents' lighting, ventilation and living safety, and have no value for relocation, and if it is necessary to cut down trees, the maintenance unit shall apply to the municipal or district greening management department.

Individual owners do not have the right to cut down trees in residential green areas. Mr. Liang cut down trees without authorization, which was not in accordance with the procedures.But he also needs to face up to the difficulties he encountered. He has reported the harm caused by trees many times, but has never received a clear response. This is like "no one cares about the camphor trees that are in the way", but once they are cut down, someone will immediately come to hold them accountable. When the problem is reported, it is not handled for a long time, but when it comes to punishment afterwards, someone will come forward. The difference in efficiency between the two is so great that it is understandable that the parties involved feel uncomfortable about this.

The media reported that a Shanghai resident was fined 140,000 yuan for pruning a tree he bought. Coincidentally, this also happened in Xinqiao Town.2021On January 20, 2017, Mr. Li, who lives at Lane 366, Minghua Road, Songjiang District, Shanghai, asked someone to trim a camphor tree.All branches of the tree were cut off, leaving only the main trunk which was more than 2 meters high.The greening department believed that this was unauthorized felling of trees. Based on the case, the law enforcement officers imposed a fine of five times the compensation for the trees, totaling 144,200 yuan.

The incident sparked controversy after it was reported. Public opinion believed that the owner was at fault and should not have “handled the matter without authorization”, butUrban management law enforcement should be people-oriented and stick to the bottom line. Fines should not be imposed just for the sake of fines. For example, is the punishment too heavy? Can citizens buy a new tree and plant it? These can all be discussed.

Mr. Liang was fined more than 30,000 yuan for cutting down trees without authorization. Since he has resorted to the law, the right and wrong may as well be left to the law to determine. However, this incident also reflects a difficulty and pain point in reality. On the one hand, some people do not understand the procedures for pruning and cutting trees, and violate the red line by handling them on their own. On the other hand, residents are affected by trees in their lives.The reasonable demands for pruning, moving and felling trees cannot be met in a timely and effective manner."Find a solution yourself" but still get a ticket.Can the relevant departments do more service work in advance to reduce the punishment afterwards? This is also a topic worth seeking a solution.

(Source: Jimu News)

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