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近年来,环境污染问题日益严重,已经切实对人民群众的合法权益产生影响,同时,也关系着经济社会稳定发展、人与自然和谐发展的进程。环境侵权民事责任的构成要件具有其自身的特殊性,但是,这种侵权行为也是民事侵权行为中的一种,它的民事责任构成要件也必然同一般的侵权行为有相似之处。环境侵权民事责任的构成要件包括环境污染导致的损害事实、环境侵权行为与损害结果之间的因果关系以及环境侵权的行为。违法性是否作为环境侵权民事责任的构成要件一直在法学理论界有所争议,但笔者认为,违法性不应该作为环境侵权民事责任的构成要件。
In recent years, the issue of environmental pollution has become more and more serious. It has already had an impact on the lawful rights and interests of the people as well as the steady process of economic and social development and the harmonious development of man and nature. Constitutive elements of civil liability for environmental infringement have their own particularity. However, such infringement is also one of the civil infringement acts, and its constituent elements of civil liability must also have similarities with the general infringement. Constitutive elements of civil liability for environmental infringement include the damage caused by environmental pollution, the causal relationship between environmental tort and the damage result, and the environmental tort. Whether illegality is a component of civil liability for environmental infringement has always been controversial in jurisprudence and theorists. However, in my opinion, illegality should not be a component of civil liability for environmental infringement.