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随着现代化的进程,环境污染犯罪频繁发生并且不断翻新。环境污染已经严重危害我们的生存环境,成为人类的公敌。保护环境,遏制严惩环境犯罪是地球人的呼声,各国政府和法学界达成了用作为法律底线的刑法来调整环境犯罪的共识并都赋予了实践。《中华人民共和国刑法》(以下简称《刑法》)也在第338条规定了重大环境污染事故罪。而该罪在理论和实践中都有很大争议,主要集中在重大环境污染事故罪犯罪构成上,因此影响该罪在实践中的认定和定罪量刑。为此,我们有必要对重大环境污染事故罪构成要件予以正确的理解和把握。
With the process of modernization, environmental pollution crimes occur frequently and are constantly being renovated. Environmental pollution has seriously endangered our living environment and become the enemy of mankind. Protecting the environment and curbing the environmental crimes severely punished the people on earth. All governments and legal scholars have reached a consensus that criminal law should be used as the bottom line of the law to adjust environmental crime and have all been given practice. The Criminal Law of the People’s Republic of China (hereinafter referred to as the “Criminal Law”) also stipulates in Article 338 the crime of major environmental pollution accident. However, the crime has great controversy both in theory and practice. It mainly focuses on the crime constitution of major environmental pollution accident crime, thus affecting the determination of the crime in practice and the conviction and sentencing. Therefore, it is necessary for us to correctly understand and grasp the constitutional elements of major environmental pollution accidents.