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

摘要： 第五代无线电通讯技术于2019年投入商用，昭示着第五代无线电通讯技术已然成熟。回顾以往无线电通讯技术的发展，其在为社会带来无穷益处的同时也为社会带来诸多犯罪问题。在风险社会的视阈下，刑法分则的288条的历史变动符合风险社会中刑法的特点。此时第五代无线电通讯技术正处于起步阶段，基于其技术特点，其给社会带来的安全风险也颇具自己的特色。相对第四代无线电通讯技术，第五代无线电通讯技术聚焦产业的融合，使得社会之中的联系更为紧密，从而加剧了个人安全风险以及公共安全风险。而由于刑法288条位于刑法分则第六章，其与5G引发的安全风险已然错位，故刑法288条必然会进一步被修改。在风险社会的视阈下，刑法288条应当更注重对公共安全的保护。故刑法288条所规制的行为极有可能会被交与刑法第二章危害公共难罪调整。此外出于对罪责刑相适应的考量，刑法288条应当进一步细化，取消情节特别严重的可以单处罚金刑的规定。

关键词: 5G, 风险社会, 预防刑法, 变革导向, 安全风险