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环境犯罪由于是近年来出现的较为新型的犯罪,因而其构成要件具有自身的特点。本文尝试对此进行分析,并提出自己的观点。首先,在环境犯罪中,犯罪主体有自然人和法人两种。其次,多数环境犯罪是故意犯罪。其依据这样一个标准来确定:即行为人对自己行为会造成损害是否有所认识并采取有效防治措施来尽量避免损害结果的发生。如果有,应认定故意成立。再次,环境犯罪之客观要件主要指环境犯罪行为以及犯罪行为与危害后果的因果联系。由于人类科技发展水平的限制,还不能完全避免和防止环境污染和破坏,而为了经济的发展,人们仍必须忍受一定程度的环境危害并依民事救济获得补偿。
As environmental crime is a relatively new type of crime that has emerged in recent years, its constituent elements have their own characteristics. This article attempts to analyze this and put forward my own point of view. First of all, in environmental crime, there are two types of natural and legal persons. Second, most environmental crimes are intentional crimes. It is based on a criterion that determines whether the perpetrator is aware of the damage done to his or her behavior and takes effective preventive and remedial measures to minimize damage to the outcome. If so, it should be found intentionally established. Thirdly, the objective elements of environmental crime mainly refer to environmental crimes and the causal connection between crimes and the harmful consequences. Due to the limited development level of human science and technology, environmental pollution and destruction can not be completely avoided and prevented. To economic development, people still have to endure a certain degree of environmental damage and receive compensation on the basis of civil remedies.