news

recently, three property owners in shanghai were fined for cutting down camphor trees outside their yards three years ago, which has attracted attention. one of the property owners, mr. liang, received an administrative penalty decision issued by the xinqiao town government of songjiang district in august this year. he was found to have cut down trees without authorization and was fined 30,750 yuan.

penalty notice (photo source: interviewee).

mr. liang disagrees with this result. he said that the trees had a great impact on his family, and he had made many requests for disposal. one and a half months before the tree felling incident, he submitted an application to the property management and neighborhood committee to deal with the trees. he and two other owners have taken the xinqiao town government to court, demanding the cancellation of the penalty.

the head of xinqiao urban management bureau said in an interview with the media that when the three parties cut down the trees, the owners' meeting had not yet passed the vote, and they received a report from the masses and went to deal with it. considering the principle of proportionality of punishment, they adopted the market appraisal price instead of the greening compensation standard and imposed a five-fold fine on the parties' trees.

when trees in a community have an impact on people’s lives, how should we deal with it? cover news contacted a lawyer in the field of administrative law to interpret this case.

owners say camphor trees affect their lives

reported to many parties and requested for handling

mr. liang is an owner of the yage garden community. he said that he bought this villa in 2003. there are four camphor trees outside his yard, planted on the roadside. as the trees grow, the roots become larger, and the ground is affected and arched, posing a safety hazard. the entrance is high, and water will accumulate when it rains. one tree prevents the gate from closing. "it has been repaired many times, but it still can't be closed now."

these trees belong to the community greening, and according to the shanghai greening regulations, residents cannot dispose of them without authorization. mr. liang and another owner who was punished, mr. liu, said that over the past decade, they have repeatedly reported the situation to the property management, neighborhood committee and other departments and asked for a solution. mr. liang said that the property management came to trim the trees, but it could not solve the problem.

according to them, in 2021, the community implemented a rainwater and sewage diversion project, and the main road was dug up for construction. they wanted to take this opportunity to deal with the camphor tree. in april of that year, mr. liang called 12345 to ask for guidance on disposal. he was told that he needed to report it in writing to the property management and neighborhood committee first, and the property management would implement it after the owners voted and passed it. subsequently, the three owners submitted an application report to the property management and neighborhood committee, requesting that the tree be treated.

mr. liang said that the neighborhood committee set the voting date for the owners on june 17, and the road outside the courtyard would be poured on that day. he believed that after the road surface was poured, even if the vote was passed, it would be more difficult to deal with the trees. on june 16, they called in workers, and with the help of the excavator equipment on site, they dug out one tree each. someone then called the police, and the urban management arrived at noon that day to stop the work.

report submitted by mr liang (photo source: interviewee).

the property management said that it can only be trimmed appropriately.

relocation of trees requires vote and approval by the owner

on august 31, a xinqiao property staff member told reporters that the property can only prune trees appropriately and has no right to move or cut down trees without a vote. the property was fined 6,000 yuan for this matter, "because we didn't stop it."

he said that many years ago, mr. liang and others had reported the tree problem, and the property management had done pruning and root cutting work. "the tree grew up, and the floor tiles next to his (mr. liang) door arched up. we helped him repair it by cutting off the roots underneath and then re-laying it."

he also said that the property management company cannot directly move the tree. after the owner submits an application, it must be voted on by the owners and approved before they can proceed. "one requires funding, and the other requires two-thirds of the owners to approve it before you can move it. although the tree is close to his house, it is public and some owners disagree, so a vote is required."

mr. liang’s home (photo source: interviewee).

a staff member of the changdong neighborhood committee said that the camphor trees in the community were planted by the developer, and that the owners had previously requested that they be disposed of, and that the property management had done work such as pruning. she also said that after the owners submitted the application report to the neighborhood committee, they also reported it to the town government. they consulted with the city appearance and greening department, and according to the process, if the owners' meeting voted in favor, they would send it to the district city appearance and greening window for approval, "it should be approved before making a decision."

according to mr. liang, the voter turnout was low after the ballots were opened the day after the tree was dug. there were 500 to 600 households in the community, but only more than 100 votes participated in the vote. "there were many invalid votes, which would definitely not pass."

the owner was fined three years after the incident

the urban management department said that "the trees were cut down without the approval of the owners"

in january 2024, three owners received a hearing notice. for suspected unauthorized felling of trees, the xinqiao town government intended to impose administrative penalties on them ranging from more than 20,000 yuan to more than 40,000 yuan.

mr. liang said that he did not agree with the determination of "cutting down trees without authorization" and also questioned the fact that the punishment was only imposed two and a half years after the incident. he made relevant statements at the subsequent hearing, but they were not accepted. he officially received the penalty decision in august this year.

he said that at the hearing, the urban management investigators replied that the case was filed on june 25, 2021, and the case was applied for "suspension" on august 27 of the same year and was approved, and restarted in december 2023. the suspension application form reads: in view of the complexity of the current case, the district bureau and the municipal bureau have been reported to hold a discussion meeting on major and difficult cases. there is no discussion result yet, so the case is applied for suspension and restarted after the discussion result.

mr. liang said that at the hearing, the investigator mentioned article 30 of the regulations on administrative penalty procedures for housing and urban-rural development. he believed that this regulation would not be implemented until may 2022 and could not be used as a basis for law enforcement agencies to suspend the case in 2021.

he said that the three of them had sued the xinqiao town government. the minhang district people's court had filed a case against him and mr. liu on august 28, and another owner had also submitted litigation materials. mr. liang said that the trees posed a safety hazard and caused them economic losses. he did not agree with the characterization of "unauthorized felling" and demanded the cancellation of the fine and an apology.

trees outside the yards of other residents in the community (photo source: interviewee).

the relevant person in charge of the xinqiao town comprehensive law enforcement team said in an interview with the morning news that mr. liang and others cut down trees without the approval of the owners. they received reports from the masses and went to the scene to deal with it as soon as possible. considering the principle of proportionality between punishment and crime, the leaders adopted the market evaluation price as the proxy for the greening compensation standard and imposed a five-fold fine on the trees of the parties involved. they told the parties that they could restore the social impact caused by their actions by replanting trees of equal value, so as to achieve the final result of reducing the punishment, but the three parties did not adopt this approach.

the trees in the community affect our lives.

how to deal with it?

in this case, mr. liang and other owners said that they had long reported to various parties that the camphor tree affected their lives, but the problem had not been completely resolved. tang jianhua, a lawyer at beijing hengdu law firm, believes that if the tree has a long-term impact on life, such as family members tripping over it or damaging the fence, you can consider using litigation to protect your rights and require the owner and manager of the tree to bear the liability for compensation. "civil cases may affect the decision-making of the owner and manager, making the other party feel that i should deal with it, otherwise i may face litigation, and they will also do cost accounting."

tang jianhua said that although the person concerned's life has been affected by trees for a long time, under the current legal framework, if the person concerned cuts down public green trees without completing the procedures, he is at fault. "we sympathize with him emotionally, but the law is dealt with on a case-by-case basis."

he said that in the subsequent administrative litigation, the defendant, xinqiao town government, needs to bear the burden of proof for the legality of the relevant administrative actions. "all parties need to provide evidence, what laws and regulations have been violated, what damages have been caused, and then how can i characterize you and how should you be punished." the legality and rationality of the amount of the fine also need to be proved by the defendant.

regarding the statute of limitations involved in this case, tang jianhua said that for general administrative penalties, the administrative penalty law only stipulates a two-year statute of limitations, and does not stipulate a "suspension" period; if the administrative agency does not file a case within two years of the incident, there is no "suspension" of administrative penalties. he believes that in this case, it may involve issues such as whether the law enforcement officers filed the case within the prescribed time and whether the procedures are proper, "it depends on whether the evidence and procedures are in place."