JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (3): 51-60.DOI: 10.13766/j.bhsk.1008-2204.2014.0320

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On Application Dilemma and Completion of Amendment to Article 288 of Criminal Law

GANG Yongqian   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100083, China
  • Received:2014-06-30 Online:2016-05-25 Published:2016-05-26

Abstract:

In May 2014, the Legislative Affairs Office of the State Council P. R. China issued the Radio Administration Regulation (Amendment Draft) (a draft for invitation of recommendation), which specifically stipulates that radio transmission and satellite communication shall be protected by such regulation, which brings out new issue for the criminal law. Article 288 of PRC Criminal Law stipulated crimes of disrupting regulation order of radio transmission; however, the establishing standards for this crime are too high, thus this article has not been applied in judicial practices ever since it has been passed. If Criminal Law wants to function well to protect radio transmission and satellite communication, the legislative department must amend Article 288 according to the actual needs, thus to make Article 288 go out of the "obsolete" dilemma.

Key words: disturbing act, establishing standards of crime, pre-order procedure, Criminal Law, legislation aim

CLC Number: