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Study On The Questions About The Compensation For Crew Personal Injury Of Our Country

Posted on:2011-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:F JiangFull Text:PDF
GTID:2166360302999275Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China is one of largest shipping courntry, the shipping industry plays a decisive role in our national economy, and the shipping industry is inseparable from the crew. "Without the contribution of the crew, half of the world is cold, and the other half of the world are starving." one of the officers of the International Maritime Organization said. Crew personal injury cases often occur, and properly resolve the issue of compensation for crew personal injury is of great significance for protecting this particular group interests and promoting long-term heathy development of the shipping industry.Howerver, our courntry lack of uniform standards, and the content scattered in a number of laws, regulations and judicial interpretations, this has led to great inconvenice when we deal with compensation for crew personal injury.This thesis is focused on analysis of the concept of crew personal injury, the existing legal protection for the crew, a variety of insurance for the crew and the relationship between them, and the problem in judicial practice, etc. And based on above analysis the relevant legislative proposals are propounded.In Chapter one, clear and definite the concepts of "crew" and "crew persoal injury", and explain in a systematic way for their existing definitions and their own characteristics and classification.In Chaper two, analyse the current laws, regulations and judicial interpretations for crew protection, such as "Maritime Law", "Industrial Insurance Rules", "Intepretation of Supreme People's Court of some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury" and so on, and put forward their own advantages and disadvantages.In Chapter three, emphasizes the three crew insurances, "insurance of liability", "accident insurance", " employment injury insurance", and analyse the relationship between the compensation of crew personal injury and the three of them.In Chapter four, through analyzing three typical cases in judicial practice, point out that the diffculties and practical problems after crew personal injury occur.In Chapter five, several suggestions for improving the status quo are put forward, such as how to handle treatment of employment injury insurance and compensation for civil damages, increase the limits of liability for damages and so on.
Keywords/Search Tags:Crew, Compensation for personal injury, Employment injury insurance, Legislative proposal
PDF Full Text Request
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