Whether the “behavioral illegal element” of environmental infringement civil responsibility is necessary or not is not touched upon by Environmental Protection Law, each individual environmental protection laws, and Law of Liability for Infringement Hence we can not conclude that it is in line with the theory of “behavioral illegal element being unnecessary” The way for interpretation of law based on “elements” can perfectly fit the “element thinking” of legal person It can be used to explain the “Administrative Interpretation” of the Bureau of Environmental Protection of PRC We can find that the “behavioral illegal element” of environmental infringement civil responsibility is unnecessary has other meaning It means that the “behavioral illegal element” of environmental infringement civil responsibility is a kind of conduct “Being within the Public Law” The answer to the question that whether the “behavioral illegal element” of environmental infringement civil responsibility is necessary or not should be: the “behavioral illegal element” of environmental infringement civil responsibility requires the element of breach of Private Law instead of breach of Public Law