Provide a strong legal guarantee for the protection of military facilities in the new era
Interpretation of the newly revised military facility protection law
□ Our reporter Pu Xiaolei
On June 10, the 29th meeting of the Standing Committee of the 13th National People's Congress voted to pass the newly revised Military Facilities Protection Law.
The newly revised law will come into effect on August 1 this year.
In recent years, the internal and external environments of national security and development have undergone profound changes, and the protection of military facilities is facing new situations and mission requirements: foreign hostile forces have become increasingly rampant in reconnaissance and stealing activities against China, and the security and secrecy of important military facilities have become more severe; national economic construction and new models. With the rapid advancement of urbanization, the protection of military installations and economic and social development need to be coordinated, and coordination is more difficult; the party, the state, and the military have comprehensively deepened reforms, and the organization and function allocation have undergone major changes. It is urgent to follow the new system after the reform. The functions are adjusted and perfected.
In an interview with reporters, the military installation protection law revision research and drafting team said that these issues are related to military struggle preparations, economic and social development, and military-political military-civilian relations. There is an urgent need to further optimize and improve the legal system and regulations. In this context The revision of the Law on the Protection of Military Facilities will help provide a strong legal guarantee for the protection of military facilities in the new era.
Upgrading effective system regulations to law
According to the research and drafting class, the revision of the Military Facilities Protection Law adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, adheres to the overall national security concept, and thoroughly implements Xi Jinping Thought on Strengthening the Army to adapt to my country’s all-round opening up to the outside world and rapid economic and social development. Develop and comprehensively deepen the situation in which reforms are advanced in depth and preparations for military struggles continue to deepen. Correctly handle the relationship between security and development, focus and generality, inheritance and innovation, and strive to form a modern, scientific, and practical law.
In the revision process, the following points are mainly grasped:
To adapt to the development and changes of the internal and external environment and the needs of military struggle preparations, to focus on solving outstanding problems on the basis of the existing legal system, and to upgrade the effective systems and regulations since the implementation of the current military facilities protection law into law.
With regard to the new system and new functions after the reform of the table, we will adjust and improve the leadership management system and mechanism, optimize the allocation of functions, consolidate military and local responsibilities, strengthen military and local coordination, and further enhance the execution of the leadership and coordination of military facilities protection.
We will thoroughly implement the policy of "classified protection and ensure priority", learn from the domestic ecological environment protection and foreign military facilities protection experience, strengthen the application of scientific and technological means, create a protection system, and continuously improve the level of precision, scientific and standardized protection of military facilities.
Detailed classification and protection measures for military facilities
The research and drafting class said that the revision was mainly carried out from four aspects:
Improve the leadership and management system.
Implement the requirements of the party's leadership to enter the law and regulations, clarify that "the protection of military installations adhere to the leadership of the Communist Party of China"; review the new system and new functions after the reform of the table, clarify that the State Council and the Central Military Commission shall manage the protection of military installations nationwide according to the division of responsibilities; Local people's governments at various levels, in conjunction with relevant military agencies, administer the protection of military installations within their administrative regions.
Improve the protection system and measures.
To adapt to changes in internal and external environments and the needs of military struggle preparations, focus on solving practical contradictions, add inspection, rectification, assessment and evaluation systems, strengthen the use of science and technology and active protection requirements, and refine specific protection measures for waters and temporary military installations.
Consolidate the responsibilities of military and local units.
Regulate the timing, procedures, requirements, etc., for local economic construction to solicit opinions from military agencies; increase the security control range of the military forbidden area and the security protection range of combat engineering without changing the ownership of the original land, land attachments, and waters, affecting the owners or benefits of real estate Where the property owner exercises his rights, compensation shall be provided in accordance with laws and regulations; detailed regulations on the handling of violations of laws and regulations by various types of personnel.
Strengthen the operability of the law.
Refine the classification and protection measures for military facilities, and optimize the approval process and authority for the disposal of military facilities.
Use new technologies and new methods to improve protection capabilities
According to the research and drafting class, the revision of the law mainly addresses the new situations and new problems faced by the protection of military installations and meets the needs of national security and development. The following specific protection measures have been strengthened:
Implement the precision-oriented and efficiency-centered ideology, refine the classification and classification of military installations, and clarify the classification and protection standards of military installations, which shall be stipulated by the State Council and the Central Military Commission.
Strengthen the protection of the core and vital facilities in the maritime direction, solve the problem that the scope of the military forbidden zone in the waters cannot meet the actual needs, and increase the provision that the military forbidden zone in the water can delimit the peripheral security control range.
Improve the provisions on the protection of the military's implementation of temporary missions, and add specific protection measures such as the delimitation and cancellation of the approval authority for temporary protection areas.
In response to the increasing intensity of urban underground space development and utilization, it is stipulated that the development and utilization of land military forbidden zone and underground space in military management zone must be approved.
Pay attention to the use of new technologies and new means to enhance active protection capabilities, and stipulate that military facilities management units must upgrade and improve protection and preventive measures in accordance with protection needs and scientific and technological progress.
In view of the difficulty in delineating the protection area of military installations, the inadequate management and control measures are not in place, etc., it is stipulated that the protection area delimitation of new military installations should be completed before construction; the specific protection measures for military installations classified into military restricted zones and military management zones shall be followed. The plan for the delimitation of the military restricted zone and military management zone shall be submitted for approval.
In order to increase the authority of protection measures, the relevant prohibited activities within the scope of the operational engineering safety protection in the implementation measures are upgraded to legal provisions, and military agencies and local people's governments are required to notify each other about the clearance protection of military airports and the land space that may be affected. In planning and tall building projects, it is clear that the preservation of old airports and helicopter landing pads managed by the military shall apply the relevant regulations on the protection of military airfield clearance, and the protection measures for military pipelines and military survey signs shall be improved.