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对矿业环境犯罪的社会成本和矿业环境损害的不可逆转性分析得出,应设立危险犯。当矿山企业实施了污染或破坏环境的危险行为,并形成了一种因矿业环境危险状态而足以严重威胁矿业社区民众的人身权及财产权时,即可构成犯罪。评价矿业环境犯罪的危险犯,在于事前、事中与事后关于危险状态及其可能性实害结果的程度,而且有足够理由设置过失危险犯,客体是侵犯矿业社区的公民环境权。设置矿业环境犯罪危险犯是刑事立法的必然趋势,但仍有诸多需要克服的困难。
The analysis of the irreversibility of the social costs of mining crime and the damage to the mining environment concluded that dangerous criminals should be established. When a mining enterprise carries out dangerous acts of polluting or damaging the environment and forms a personal and property right that is at a serious risk to the mining community due to its dangerous state of mining environment, it can constitute a crime. The evaluation of dangerous crimes in the mining environment is based on the degree of actuality, danger and consequences of the dangerous state and its possibility afterwards, and there is sufficient reason to set up the dangerous dangerous criminals. The object is the infringement on the citizen’s environmental rights of the mining community. Setting criminal danger in mining environment is an inevitable trend of criminal legislation, but there are still many difficulties that need to be overcome.