关键词: 5G, 风险社会, 预防刑法, 变革导向, 安全风险

Abstract: The fifth-generation radio communication technology was put into commercial use in 2019, indicating that the fifth-generation radio communication technology has matured. Looking back at the development of radio communication technology in the past, it has not only brought infinite benefits to society, but also brought many crime problems to society. From the perspective of the risk society, the historical changes of the 288 articles of the criminal law conform to the characteristics of the criminal law in the risk society. At this time, the fifth-generation radio communication technology is in its infancy. Based on its technical characteristics, the security risks it brings to society also have its own characteristics. Compared with the fourth-generation radio communication technology, the fifth-generation radio communication technology focuses on the integration of industries, making the connections in the society closer, thereby exacerbating personal safety risks and public safety risks. Since Article 288 of the Criminal Law is located in Chapter VI of the Criminal Law, it has been misplaced with the security risks caused by 5G, so Article 288 of the Criminal Law will inevitably be further revised. From the perspective of a risky society, Article 288 of the Criminal Law should pay more attention to the protection of public safety. Therefore, the behavior regulated by Article 288 of the Criminal Law is very likely to be transferred to Chapter II of the Criminal Law for the crime of endangering the public. In addition, out of consideration of the suitability of crimes, responsibilities and punishments, Article 288 of the Criminal Law should be further refined, and the provision that the circumstances can be fined solely for fines should be eliminated.

Key words: 5G, Risk society, Preventive criminal law, Change orientation, Security risk