" at the ninth meeting of the Standing Committee of the 12th National People's Congress on June 27, 2014. - DayDayNews"/>
" at the ninth meeting of the Standing Committee of the 12th National People's Congress on June 27, 2014. - DayDayNews"/>
(adopted at the 12th meeting of the Standing Committee of the Seventh National People's Congress on February 23, 1990, and the Presidential Order of the People's Republic of China No. 25
" at the ninth meeting of the Standing Committee of the 12th National People's Congress on June 27, 2014. - DayDayNews"/>
Fab, the Protection of Military Facilities of the People's Republic of China, will come into effect on August 1, 1990.)
According to the 9th Session of the Standing Committee of the Twelfth National People's Congress on June 27, 2014, the second amendment of
Chapter 1 General Provisions
Article 1 In order to protect the security of military facilities, ensure the effectiveness of military facilities and the normal progress of military activities, strengthen the modernization of national defense, consolidate national defense, and resist aggression, this Law is formulated in accordance with the Constitution.
second item Military facilities referred to in this Law refer to the following buildings, sites and equipment that the state directly uses for military purposes:
(I) Command projects and combat projects of command organs, ground and underground;
(II) Military airport , ports, and docks;
(I) Camp, training ground, and test site;
(IV) Military cave warehouses and warehouses;
(V) Military communications, reconnaissance, navigation, observation stations and measurement, navigation, and navigation signs;
(VI) Military highway and railway dedicated lines, military communications, power transmission lines, military oil and water transmission pipelines;
(VII) Other military facilities stipulated by the State Council and the Central Military Commission.
Article 3 People's governments and military organs at all levels shall start from the interests of national security, jointly protect military facilities, and safeguard national defense interests.
Under the leadership of the State Council and the Central Military Commission, the General Staff of the Chinese People's Liberation Army is in charge of the protection of military facilities across the country. The military commander is in charge of the protection of military facilities of the army, navy and air force within the jurisdiction. Where military facilities are provided, relevant military organs and local people's governments at or above the county level shall cooperate with each other to coordinate, supervise and inspect the protection of military facilities.
Article 4 All organizations and citizens of of the People's Republic of China have the obligation to protect military facilities.
Any organization or individual is prohibited from destroying or endangering military facilities.
Any organization or individual has the right to report or accuse acts of damaging or endangering military facilities. Article 5 The state shall implement the policy of classified protection and ensuring key points for military facilities.
Article 6 If military facilities are converted to civilian use, military airports, ports, and docks shall be jointly used by military and civilians, they must be approved by the State Council and the Central Military Commission.
Chapter 2
Definition of military restricted areas and military management areas
Article 7The state shall define military restricted areas and military management areas based on the nature, function, security and confidentiality needs and the requirements of its use efficiency; military facilities that are not included in military restricted areas and military management areas shall also take protective measures.
Article 8 Military restricted areas and military management areas shall be determined by the State Council and the Central Military Commission, or by the military region in accordance with the provisions of the State Council and the Central Military Commission.
Article 9 The scope of military restricted areas and military management areas on land and waters shall be jointly delineated by the military region and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, or jointly delineated by the military region and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and relevant departments of the State Council. The scope of the air military restricted area and particularly important land and water military restricted area shall be defined by the State Council and the Central Military Commission.
Before the implementation of this Law, if the military restricted areas and military management areas jointly designated by the military and local people's governments are consistent with the relevant provisions of the State Council and the Central Military Commission, they will no longer be redefiniteated.
Article 10 The revocation or change of military restricted areas and military management areas shall be handled in accordance with the procedures stipulated in Article 8 of this Law.
The scope of military restricted areas and military management areas shall be adjusted in accordance with the procedures stipulated in Article 9, Paragraph 1 of this Law.
Article 11 The demarcation or adjustment of the scope of military forbidden zones and military management zones shall take into account economic construction, natural environment protection and the production and life of local people on the premise of ensuring the security, confidentiality and effectiveness of military facilities.
Article 12 If the demarcation or expansion of the scope of military restricted areas and military management areas requires the expropriation or expropriation of land, forest land, grassland, water surface, and mudflats, it shall be handled in accordance with the provisions of relevant laws and regulations.
Article 13 When local people's governments at or above the county level prepare economic and social development plans, they shall consider the needs of military facilities protection and seek opinions from relevant military agencies; when arranging construction projects or opening tourist sites, they shall avoid military facilities. It is indeed impossible to avoid it. If military facilities need to be demolished or converted into civilian use, it shall be agreed upon by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and military regions-level military organs, and submitted to the State Council and the Central Military Commission for approval.
Chapter 3 Protection of military restricted areas
Article 14 The management unit of a military restricted area shall build walls and set up barbed wire mesh and other obstacles for the land military restricted areas according to specific conditions and in accordance with the designated scope; and set up obstacles or boundary signs for the military restricted areas in the waters.
Article 15 Personnel, vehicles, and ships other than the management units of military restricted areas on land and water are prohibited from entering the restricted areas, and photography, video, recording, survey, measurement, depiction and record of the restricted areas is prohibited, except for approval by military agencies at or above the military region level.
prohibits aircraft from entering air military restricted areas, except where permission is obtained in accordance with relevant national regulations.
Photography, video, recording, survey, measurement, depiction and record materials of military forbidden areas shall be reviewed and approved by military authorities at or above the military region level.
Article 16 The military region and provinces, autonomous regions, municipalities directly under the Central Government, or the military region and provincial, autonomous regions, municipalities directly under the Central Government, and relevant departments of the State Council, while jointly demarcating the scope of the land military forbidden zone, may, if necessary, jointly demarcate the safety control scope outside the restricted zone and set up safety warning signs on the outer edge of the restricted zone. The location of the security warning sign is determined by the military restricted area management unit and the local people's government at or above the county level.
Article 17 Within the scope of security control of the periphery of military restricted areas, local people may produce and live as usual, but they shall not engage in blasting, shooting, or other activities that endanger the safety and use of military facilities.
Chapter 4 Protection of Military Management Areas
Article 18 The management units of the military management area shall build walls, set up barbed wire or boundary marks for the military management area in accordance with the designated scope.
Article 19: Personnel, vehicles and ships outside the military management zone management zone management unit must obtain permission from the military management zone management unit.
Article 20 The management measures for the joint airports of military and civilians designated as military management areas shall be stipulated by the State Council and the Central Military Commission.
Chapter 5
Protection of facilities not included in military restricted areas or management areas
Article 21 Military facilities that are not included in military restricted areas or military management areas shall take measures to protect them; management units at or above the military regiment level may entrust local people's government to protect them.
Article 22: Quarrying, soil extraction, blasting and other activities within a certain distance of military facilities that are not included in military restricted areas or military management areas shall not endanger the safety and use efficiency of military facilities.
Chapter 6 Management Responsibilities
Article 23 Military forbidden zones, military management areas and military facilities that are not included in military restricted areas and military management areas, military facility management units and local people's governments at or above the county level shall formulate specific protection measures and may announce the implementation.
Article 24 Military organs at all levels shall strictly perform their duties of protecting military facilities, educate soldiers to protect military facilities, keep military facilities secrets, establish and improve rules and regulations for protecting military facilities, and supervise, inspect and solve problems in the protection of military facilities.
Article 25 Military facilities management agencies shall conscientiously implement the rules and regulations on the protection of military facilities, establish military facilities archives, and inspect and maintain military facilities.
Article 26 The management units of military restricted areas and military management areas shall protect natural resources and cultural relics in military restricted areas and military management areas in accordance with relevant laws and regulations.
Article 27 Military facility management units shall provide military underground, underwater cables and pipeline location information to local people's governments at or above the county level when necessary. When local construction is carried out, the local people's government shall protect military underground and underwater cables and pipelines.
Article 28 People's governments at all levels shall strengthen national defense education for citizens, enhance national defense concepts, protect military facilities, keep military facilities secrets, and stop acts that damage or endanger military facilities.
Article 29 If a military restricted area or military management area needs the assistance of the public security organs to maintain public security management order, a public security agency may be established after the decision of the State Council and the Central Military Commission or the relevant military organs shall submit it to the public security departments of provinces, autonomous regions, and municipalities directly under the Central Government for approval.
Article 30 If any of the following circumstances violates the provisions of this Law, the on-duty personnel of the military facility management unit shall be stopped:
(I) Illegal entry into a military restricted area;
(II) Illegal photography, video, recording, survey, measurement, depiction and record within the security control range of military restricted areas or outside the restricted area;
(III) Activities that damage or endanger military facilities.
is in one of the circumstances listed in the preceding paragraph and is not allowed to stop it, the on-duty personnel of the military facility management unit may take necessary compulsory measures in accordance with relevant national regulations, and may use weapons in emergencies such as endangering the safety of military facilities or the lives of the on-duty personnel.
Chapter 7 Legal liability
Article 31 If any of the following acts are committed, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law:
(I) destroying military facilities;
(II) stealing, robbing, or robbing equipment, materials, and equipment of military facilities;
(I) leaking the secrets of military facilities, or stealing, spying, buying, and illegally providing military facilities secrets for overseas institutions, organizations, and personnel.
Article 32 If any of the following acts are committed, the penalty provisions of Article 23 of the " Public Security Administration Punishment Law of the People's Republic of China" shall apply:
(I) Illegal entry into a military restricted area and not listen to the stop;
(II) Activities that endanger the safety and use efficiency of military facilities within the periphery of military restricted area, or within a certain distance of military facilities that are not included in a military restricted area or military management area, and do not listen to the stop;
(III) Destroy the walls, barbed wire or boundary marks of military restricted areas and military management areas.
Article 33 If the management order of military restricted areas and military management areas is disrupted and the circumstances are serious, the primary and directly responsible persons shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law; if the circumstances are minor and not enough criminal punishment is not enough, the penalty provisions of Article 23 of the Public Security Administration Punishment Law of the People's Republic of China shall apply.
Article 34: Illegal photography, video, recording, survey, measurement, depiction and record in a military restricted area, without listening to the stop, or the equipment and tools used shall be confiscated; if the circumstances are serious, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law.
Article 35 If active-duty soldiers or employees in the military commit any of the following acts, they shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law; if the circumstances are minor and not enough criminal punishment is not enough, disciplinary sanctions shall be given:
(I) destroying military facilities;
(II) stealing equipment, materials, and equipment from military facilities;
(III) leaking the secrets of military facilities;
(IV) Leaving a position without permission or neglecting duties , causing damage to military facilities or causing other consequences.
Chapter 8 Attachment
Article 36 The State Council and the Central Military Commission formulate implementation measures in accordance with this Law.
Article 37 This Law shall come into force on August 1, 1990.
Attachment: Relevant legal provisions
Relevant provisions of the Criminal Law
Article 291 Gathering crowds to disrupt the order of stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports fields or other public places; gathering crowds to block traffic or disrupt traffic order; resist or hinder national public security management staff from performing their duties in accordance with the law, and the circumstances are serious, the primary member shall be sentenced to fixed-term imprisonment of not more than five years, detention or control.
Article 371 If a crowd gathers to attack military forbidden zones and seriously disrupts the order of military forbidden zones, the primary member shall be sentenced to fixed-term imprisonment of not more than 5 years and not more than 10 years; others who actively participate shall be sentenced to fixed-term imprisonment of not more than 5 years, detention, control or deprivation of political rights.
gathering people to disrupt the order of the military management area. The circumstances are serious, causing the work of the military management area to be unable to proceed and causing serious losses, the primary member shall be sentenced to fixed-term imprisonment of not more than 3 years but not more than 7 years; other those who actively participate shall be sentenced to fixed-term imprisonment of not more than 3 years, detention, control or deprivation of political rights.
Article 432 If a violation of the laws and regulations on protecting state secrets and intentionally or negligently leaks military secrets, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than 5 years but not more than 10 years.
Those who commit the crime in the preceding paragraph during war shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not more than 10 years or life imprisonment of .
"Public Security Administration Punishment Law" related clauses
Article 23 Anyone who commits any of the following acts shall be subject to a warning or a fine of not more than 200 yuan; if the circumstances are serious, he shall be detained for not less than 5 days and not more than 10 days, and may be fined for not more than 500 yuan:
(I) Disrupt the order of government agencies, groups, enterprises and institutions, resulting in the inability to carry out work, production, business, medical care, teaching, and scientific research, and have not caused serious losses yet;
(II) Disrupt the stations, ports, docks, airports, shopping malls, and parks , exhibition halls or other public places;
(III) Disrupt the order on buses, trams, trains, ships, aircrafts or other public transportation;
(IV) Illegal interception or forcibly boarding or riding motor vehicles, ships, aircrafts and other means of transportation, affecting the normal driving of transportation;
(V) Destroy the order of elections held in accordance with the law.
If a gathering group to commit the acts in the preceding paragraph, the primary member shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan.
Article content comes from 360 Encyclopedia
