pk10三码必中冠军计划在线

Your current location: Home » Public Affairs Open » Information Disclosure Catalogue » Assortment Categories » Government Official Documents » Regulations

Law of the People's Republic of China on the Protection of Military Facilities

Tongren City Government Website http://ldushu.com/

Font: Small Medium Large Clicks: Print this pageClose this page
  • Index Number: 000014349 / 2019-2242057
  • Information Classification: Regulations
  • Issuing agency:
  • Posting date:
  • Symbol: None
  • is it effective:
  • Information Name: Law of the People's Republic of China on the Protection of Military Facilities

(Adopted at the Twelfth Meeting of the Standing Committee of the Seventh National People's Congress on February 23, 1990

First amendment to the "Decision on Amending Certain Laws" of the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009

(According to the Second Amendment to the "Decision on Amending the" People's Republic of China's Military Facilities Protection Law "at the Ninth Meeting of the Standing Committee of the Twelfth National People's Congress on June 27, 2014)

Chapter I General Provisions Article 1 This Law is enacted in accordance with the Constitution in order to protect the safety of military installations, ensure the effectiveness of military installations and the normal conduct of military activities, strengthen the modernization of national defense, consolidate national defense, and resist aggression.
Article 2 The military facilities referred to in this Law refer to the following buildings, sites and equipment used directly by the State for military purposes:
(1) Command organs, ground and underground command engineering and combat engineering;
(2) military airports, ports, and docks;
(3) camp areas, training grounds, and testing grounds;
(4) military caves and warehouses;
(5) Military communication, reconnaissance, navigation, observation stations, survey, navigation, navigation aid signs;
(6) Military roads and railway dedicated lines, military communication and power transmission lines, military oil and water pipelines;
(7) management and control facilities for border and coastal defense;
(8) Other military facilities stipulated by the State Council and the Central Military Commission.
The military facilities specified in the preceding paragraph include temporary facilities necessary for the military to perform tasks.
Article 3. People's governments and military organs at all levels shall proceed from national security interests, 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 installations across the country. The command of the military area command authority is to protect military installations within its jurisdiction.
Where there are military installations, the relevant military organs and local people's governments at or above the county level shall establish a coordination mechanism for the protection of military installations at the military level, cooperate with each other, and supervise and inspect the protection of military installations.
Article 4 All organizations and citizens of the People's Republic of China have an obligation to protect military installations.
No organization or individual is allowed to destroy or endanger military installations.
Any organization or individual has the right to report or sue for acts that damage or endanger military installations.
Article 5 The State takes overall consideration of economic construction, social development, and protection of military installations, and promotes coordination between economic and social development and protection of military installations.
Article 6. The state adopts a policy of classified protection of military facilities to ensure priority.
Article 7 The State shall commend and reward organizations and citizens who have made outstanding contributions in the protection of military installations. [1]
Chapter II Demarcation of Military Closed Zones and Military Management Zones Article 8 The State delimits military closed zones and military management zones in accordance with the nature, role, security and confidentiality of the military installations, and requirements for use efficiency.
The military restricted area referred to in this law refers to a military area delineated in accordance with statutory procedures and standards when important military facilities are installed or military facilities have significant risk factors and require special measures for state protection.
The military management area referred to in this law refers to a military area that is set up with more important military facilities or military facilities that have greater risk factors and require the state to take special measures to protect them in accordance with legal procedures and standards.
Article 9 The military restricted zones and military management zones shall be determined by the State Council and the Central Military Commission, or determined by the military districts in accordance with the provisions of the State Council and the Central Military Commission.
Military restricted zones and military management zones shall be provided with signs in accordance with regulations. Local people's governments at or above the county level are responsible for setting up the signs.
Article 10 The limits of military and restricted areas on land and in waters shall be determined jointly by the military region and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, or jointly by the military region and the people's governments of provinces, autonomous regions, and municipalities, and relevant departments of the State Council. The limits of air military restricted areas and particularly important land and water military restricted areas shall be determined by the State Council and the Central Military Commission.
Article 11 The cancellation or alteration of a military restricted area or a military management area shall be handled in accordance with the procedures prescribed in Article 9 (1) of this Law.
The adjustment of the scope of military restricted zones and military management zones shall be handled in accordance with the procedures prescribed in Article 10 of this Law.
Article 12 The demarcation or adjustment of the limits of military restricted zones and military management zones shall take into account economic construction, natural environmental protection, and the production and living of local people on the premise of ensuring the security and confidentiality of military facilities and the effectiveness of their use.
Article 13 The delineation or expansion of the scope of the military restricted zone and military management zone requires land acquisition, requisition of land, forest land, grassland, water surface, and tidal flat in accordance with the provisions of relevant laws and regulations. [1]
Chapter III Protection of Military Closed Areas Article 14 The military closed area management unit shall, in accordance with specific conditions and in accordance with the designated scope, construct fences, barbed wire and other obstacles for land military restricted areas, and set obstacles or boundary signs for military restricted areas of waters.
Article 15 Persons, vehicles, and ships other than land and water military restricted area management units are prohibited from entering the military restricted area, photography, video recording, recording, surveying, surveying, mapping, and description of the military restricted area are prohibited, and aircraft are prohibited from performing low altitudes over the military restricted area. flight. However, except those approved by military agencies at or above the military district level.
Aircraft are prohibited from entering the air military restricted zone, except those that have been approved in accordance with relevant state regulations.
The use of photographs, cameras, sound recordings, surveys, surveys, drawings, and descriptions of military restricted areas shall be approved by military agencies at or above the military district level.
Article 16 In the military restricted area of waters, the construction and installation of non-military facilities are prohibited, and aquaculture, fishing, and other activities that hinder the movement of military ships and endanger the security, confidentiality, and use efficiency of military facilities are prohibited.
Article 17 If the protective measures taken in the land military restricted area are not sufficient to ensure the security, confidentiality and use efficiency of military facilities, or the military facilities in the land military restricted area have significant risk factors, the military region and the people's government of the province, autonomous region, municipality directly under the Central Government, or military region and Provinces, autonomous regions, municipalities directly under the Central People's Government, and relevant departments of the State Council, while jointly delimiting the scope of the land military restricted area, may also jointly define the scope of security control on the periphery of the restricted area and set up safety alert signs on its outer edges. The location of the security alert sign shall be determined jointly by the management unit of the military restricted area and the local people's government at or above the county level.
Article 18 Within the scope of security control outside the military restricted area, the local people can produce and live as usual, but they must not conduct blasting, firing, or other activities that endanger the safety and effectiveness of military installations. [1]
Chapter IV Protection of Military Management Zones Article 19 The management unit of a military management zone shall, in accordance with the designated scope, construct a fence, set up a barbed wire or a boundary line mark for the military management zone.
Article 20 Personnel, vehicles, and ships other than the management unit of the military management zone entering the military management zone, or photographing, videotaping, recording, surveying, measuring, drawing, and describing the military management zone must be approved by the management unit of the military management zone.
Article 21 It is forbidden to engage in aquaculture in the military management area of waters; it is not allowed to build or set up non-military facilities without the approval of military agencies at or above the military region level; engaging in fishing or other activities shall not affect the combat readiness, training, Operations such as duty.
Article 22 Measures for the management of military-civilian shared airports, ports, and docks designated as military management zones shall be formulated by the State Council and the Central Military Commission. [1]
Chapter V Protection of Military Facilities Not Assigned to Military Restricted Areas or Military Management Zones Article 23 Military facilities management units not assigned to military restricted areas or military management zones shall take measures to protect them; Units can also entrust local people's governments to protect them.
Article 24 The activities of quarrying, earth extraction, blasting and other activities within a certain distance of military facilities that have not been assigned to military restricted zones or military management zones shall not endanger the safety and effectiveness of military facilities.
Article 25 The periphery of combat engineering that is not included in the military restricted area or military management area shall be delimited by safety protection. The scope of security protection of combat engineering should be based on the nature of the combat engineering, the terrain, and local economic construction and social development. The competent military agency at or above the military level should propose a plan, which should be jointly determined by the military region and the people's government of the province, autonomous region, or municipality directly under the Central Government, or reported to the military region. It is jointly determined with the people's government of the province, autonomous region, municipality directly under the Central Government, and relevant departments of the State Council.
Article 26 Within the military airport clearance area, the construction of buildings, structures or other facilities exceeding the airport clearance standards is prohibited, and it is not allowed to engage in activities that affect flight safety and the use of airport navigation aids.
Article 27 Within the scope of electromagnetic environment protection of military radio fixed installations, the construction and installation of equipment and electromagnetic obstacles that affect the efficiency of military radio fixed installations are prohibited, and they may not engage in activities that affect the electromagnetic environment of military radio fixed installations.
The measures for protecting the electromagnetic environment of military radio fixed installations shall be jointly determined by the military and local radio management agencies in accordance with relevant national radio management regulations and standards.
The protection of the electromagnetic environment of radio fixed installations in military restricted zones and military management zones shall be governed by the provisions of the preceding two paragraphs.
Article 28 Without the approval of the State Council and the Central Military Commission or the authority authorized by the State Council and the Central Military Commission, it is not allowed to dismantle or move border defense and coastal defense management and control facilities, and it is not allowed to build or set up civilian facilities on border defense and coastal defense management and control facilities. Arrangement of construction projects around border control and coastal defense management and control facilities shall not endanger the security and use efficiency of border control and coastal defense management and control facilities. [1]
Chapter VI Management Responsibilities Article 29 Local people's governments at or above the county level shall prepare national economic and social development plans, overall land use plans, urban and rural plans, and marine functional zoning, and arrange construction projects that may affect the protection of military installations. Military installations shall also be considered. The need for protection and advice from relevant military agencies. Arranging construction projects or opening tourist attractions should avoid military facilities. It is really impossible to avoid, if military facilities need to be dismantled, relocated, or converted to civilian use, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or relevant departments of the State Council and military-level military agencies shall agree and report to the State Council and the Central Military Commission for approval or the State Council and the Central Military Approved by the authority authorized by the committee.
Article 30 When preparing military facility construction plans and organizing military facility project construction, the military shall consider the needs of local economic construction and social development, meet the overall requirements of urban and rural planning, and conduct safety and environmental assessments and environmental impact assessments. Where urban and rural planning is involved, the opinions of the local people's government should be sought, and local hotspots for economic construction and areas with dense civilian facilities should be avoided as far as possible. If it cannot be avoided, production or living facilities need to be dismantled or relocated, it shall be carried out according to law.
Article 31 Military restricted areas, military management areas, and military facilities that are not included in military restricted areas or 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 their implementation.
Military facility management units shall take safety monitoring and technical precautions against important parts of military facilities.
Article 32 Military organs at all levels shall strictly perform their duties of protecting military installations, educate soldiers to take care of military installations, keep secrets of military installations, establish and improve rules and regulations for the protection of military installations, and supervise, inspect and resolve problems in the protection of military installations. .
Article 33 Military facility management units shall conscientiously implement the rules and regulations concerning the protection of military facilities, establish military facility archives, and inspect and maintain military facilities.
A military facility management unit may not use military facilities for non-military purposes, except for performing emergency tasks such as rescue and disaster relief.
Article 34 A military facility management unit shall understand and master the construction projects surrounding military facilities, etc., and shall discover to the competent authority for the protection of military facilities and the competent department of the local people ’s government in a timely manner, and shall cooperate with relevant authorities if it is found that it may endanger the safety and effectiveness of military facilities. Departments deal with it according to law.
Article 35 The management units of the military restricted zones and military management zones shall protect natural resources and cultural relics in the military restricted zones and military management zones in accordance with the provisions of relevant laws and regulations.
Article 36 Military facility management units shall, when necessary, provide local people's governments at or above the county level with information on the location of military underground and underwater cables and pipelines. When local construction is underway, the local people's government shall protect military underground and underwater cables and pipelines.
Article 37 People's governments at all levels shall strengthen education on the protection of national defense and military installations for citizens, enhance the concept of national defense, protect military installations, keep secrets of military installations, and stop acts that damage or endanger military installations.
Article 38 If the military restricted zone or military management zone needs the assistance of 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 approval of the relevant military organs to the public security departments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 39 The military-civilian joint use of military airports, ports, and docks requires the approval of the State Council and the Central Military Commission or the authority authorized by the State Council and the Central Military Commission.
Article 40 If a military facility loses its usefulness and does not need to be restored and rebuilt due to military mission adjustments, changes in the surrounding environment, and natural damage, the military facility management unit shall promptly report to the State Council and the Central Military Commission for approval or the State Council and the Central Military in accordance with prescribed procedures. The authority authorized by the committee approved the dismantling or conversion to civilian use.
After the military has completed its mission, the temporary facilities established shall be removed in a timely manner.
Article 41 In violation of the provisions of this law, the personnel on duty of a military facility management unit shall stop any of the following situations:
(1) illegally entering a military restricted area or a military management area;
(2) illegally photographing, videotaping, recording, surveying, measuring, depicting and describing military restricted zones or military management zones;
(3) Conducting activities that damage or endanger military installations.
Article 42 If one of the situations listed in Article 41 of this law is not heeded, the duty personnel of the military facility management unit may take the following measures in accordance with relevant state regulations:
(1) Forcibly taking personnel who have illegally entered the military restricted zone or military management zone, detain those who have serious violations of law and immediately transfer them to the public security organ or national security organ;
(2) to immediately stop acts such as information transmission, seize equipment, tools or other items used to perform illegal acts and transfer them to public security organs or national security organs;
(3) in an emergency, remove obstacles that seriously endanger the safety and effectiveness of military installations;
(4) The use of weapons in emergencies such as endangering the safety of military installations or the lives of officers on duty.
Active servicemen, military civilians, and other members of the military in any of the circumstances listed in Article 41 of this law shall be dealt with in accordance with relevant military regulations. [1]
Chapter VII Legal Responsibility Article 43 If one of the following acts is committed, the penalty provisions of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment shall apply:
(1) illegally entering a military restricted area or a military management area and refraining from listening;
(2) Conducting activities that endanger the safety and effectiveness of military installations within the limits of security control outside the military restricted area or within a certain distance of military facilities that are not included in the military restricted area or military management area;
(3) Conducting activities that affect flight safety and the use of airport navigation aids in military airspace protection areas, and do not hesitate to stop them;
(4) illegally photographing, videotaping, recording, surveying, measuring, depicting, and describing military restricted zones or military management zones without stopping them;
(5) Other acts that disturb the management order of military restricted zones and military management zones and endanger the safety of military installations have minor circumstances and are not enough for criminal punishment.
Article 44 Whoever intentionally interferes with the normal operation of military radio facilities or causes harmful interference to military radio facilities in violation of state regulations and refuses to make corrections in accordance with the requirements of the relevant competent authority shall comply with the "Policy of Public Security Administration of the People's Republic of China" Penalties under Article 18.
Article 45 Whoever destroys border control and coastal defense management and control facilities, as well as fences, barbed wire, boundary markings, or other military facilities in military restricted areas or military management areas, shall be punished in accordance with Article 33 of the Law of the People's Republic of China on Public Security Administration Punishments.
Article 46 If one of the following acts constitutes a crime, criminal responsibility shall be investigated according to law:
(1) destroying military facilities;
(2) stealing, looting, or robbing equipment, materials, or equipment of military installations;
(3) leaking secrets of military installations, or stealing, spying on, buying, or illegally providing secrets of military installations for overseas institutions, organizations, and personnel;
(4) The military environment of military fixed radio installations is disrupted and military radio communications are interfered with, and the circumstances are serious;
(5) Other acts that disturb the management order of military restricted zones and military management zones and endanger the safety of military installations have serious circumstances.
Article 47 Active military personnel, military civilians, and other members of the military who commit one of the following acts shall constitute criminal offenses and shall be investigated for criminal responsibility in accordance with the law; if the circumstances are minor and not sufficient for criminal punishment, they shall be punished in accordance with the relevant provisions of the military:
(1) Those who have acted in accordance with Articles 43, 44, 45, and 46 of this Law;
(2) unauthorized use of military installations for non-military purposes or other acts of abuse of power;
(3) Those who leave their posts or neglect their duties.
Article 48 If a staff member of a state organ neglects his duty or abuses his power in the protection of military installations, and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law;
Article 49 Whoever violates the provisions of this law and causes losses to military installations shall be liable for compensation in accordance with law. [1]
Chapter VIII Supplementary Provisions Article 50 This Law applies to the protection of military installations under the Chinese People's Armed Police Force.
Article 51 The protection of facilities for scientific research, production, testing and storage of important weapons and equipment for the national defense science and technology industry shall be implemented with reference to the relevant provisions of this Law. The specific measures and facilities list shall be prescribed by the State Council and the Central Military Commission.
Article 52 The State Council and the Central Military Commission shall formulate implementation measures in accordance with this Law.
Article 53 This Law shall enter into force on August 1, 1990.

Previous: No
Next: None

Related Information

  • Remember, these areas will be banned from firing fireworks
  • Regulations on Management of Fireworks and Firecrackers in the Downtown Area of Tongren2019-12-04
  • The `` Guizhou Province's Regulations on Promoting National Unity and Progress '' presents 6 highlights
  • A number of new rules will be implemented in November to leak more than 500 user information on the network platform.
  • Measures of Tongren City on Strengthening the Management of Uncivilized Behaviors (Trial) 2019-10-23