中华人民共和国军事设施保护法(1)
|
（Adopted at the 12th Meeting of the Standing Committee of the Seventh National People's Congress on February 23， 1990， promulgated by Order No. 25 of the President of the People's Republic of China on February 23， 1990， and effective as of August 1， 1990） Contents Chapter I General Provisions Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones Chapter III Protection of the Military Restricted Zones Chapter V Protection of Military Installations Not Included in the Military Restricted Zones and the Military Administrative Zones Chapter VI Administrative Duty Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of protecting the safety of military installations， ensuring the effective utilization of military installations and normal performance of military activities， promoting modernization of national defence， strengthening national defence and resisting aggression. Article 2 The term “military installations” referred to in this Law denotes the following buildings， sites and equipment used by the State directly for military purposes： （1） Command organs， ground and underground command structures and operations structures； （2） Military airfields， harbours and docks； （3） Barracks， training grounds and testing grounds； （4） Military cave storehouses and warehouses； （5） Military communication stations， reconnaissance stations， navigation stations， observation posts， survey markers， navigation markers and navigation aid markers； （6） Special military highways and railways， military communication lines and transmission lines， military oil and water pipelines； and （7） Other military installations as prescribed by the State Council and the Central Military Commission. Article 3 People's governments and military organs at all levels shall， in the interests of national security， jointly protect military installations and safeguard the interests of national defence. The Headquarters of the General Staff of the People's Liberation Army shall， under the leadership of the State Council and the Central Military Commission， be in charge of the protection of military installations shall be responsible for the work of protecting the army， navy and air force military installations in their respective areas. In places where there are military installations， the military organs concerned and the people's governments at or above the county level shall cooperate with each other in coordinating， supervising and inspecting the work of protecting military installations. Article 4 All organizations and citizens of the People's Republic of China shall have the duty to protect military installations. The damaging or endangering of military installations by any organization or individual shall be prohibited. Any organization or individual shall have the right to report on， and make charges against， any act that damages or endangers military installations. Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis on key projects. Article 6 Where military installations are to be converted to civilian use， or where military airfields， harbours and docks are to be jointly used for military and civilian purposes， any such change shall be subject to the approval of the State Council and the Central Military Commission. Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature， the function， the security requirements and the requirements for effective utilization of military installations. Measures shall also be taken for the protection of the military installations not included in the military restricted zones and the military administrative zones. Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Commission， or by military area commands in accordance with the stipulations of the State Council and the Central Military Commission. Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military area commands and people's governments of provinces， autonomous regions and municipalities directly under the Central Government， or by military area commands and people's governments of provinces， autonomous regions， municipalities directly under the Central Government and the relevant departments of the State Council. The limits of the military restricted airspace and the land and water military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission. The military restricted zones and the military administrative zones jointly designated by the armed forces and local people's governments prior to the implementation of this Law need not be redesignated if they are in conformity with the relevant stipulations of the State Council and the Central Military Commission. Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the procedures prescribed in Article 8 of this Law. Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to the procedures prescribed in paragraph 1， Article 9 this Law. Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall， on the premise of ensuring the security and effective utilization of military installations， take account of economic construction， protection of natural environment and the production and livelihood of the local population. Article 12 Where it is necessary to requisition land， woodland， grassland， water surface and beaches for the designation or expansion of the limits of the military restricted zones and the military administrative zones， it shall be handled in accordance with the provisions of relevant laws and regulations. Article 13 When drawing up programmes for economic and social development， the local people's governments at or above the county level shall take into account the requirements for the protection of military installations and solicit opinions from the military organs concerned. When planning construction projects or developing new tourist attractions， the same shall see that they are not located in the vicinity of military installations. If it is not possible to do so and it is necessary to dismantle military installations or to convert them to civilian use， the people's governments of provinces， autonomous regions and municipalities directly under the Central Government shall consult with military authorities at the military area command level and submit a report to the State Council and the Central Military Commission for approval. Chapter III Protection of the Military Restricted Zones Article 14 The units in charge of the military restricted zones shall， on the basis of specific conditions and in accordance with the designated limits of the zones， put up enclosing walls and barbed wire fences for the land military restricted zones and set up barriers or boundary markers for the military restricted waters. Article 15 Entry into the land and water military restricted zones by personnel， vehicles and vessels other than those belonging to the units in charge of the zones shall be prohibited. No photographing， video-taping， recording， reconnoitering， surveying， drawing or describing of the restricted zones shall be allowed， except with the approval of the military organs at or above the military area command level. Entry into the military restricted airspace by airborne devices shall be prohibited， except as otherwise authorized by relevant state provisions. Use of materials from photographing， video-taping， recording， reconnoitering， surveying， drawing and describing of the military restricted zones shall be subject to examination and approval by the military authorities at or above the military area command level |
