The Study On The Legal Problems Of The Chinese Seafarers Dispatch

As the gradual recovery of the world's major economies, the international shipping industry has begun to enter into the up-channel, which always results in the greater demand for high-quality seafarer. Moreover, it will provide an effective approach to ease the tension in domestic employment status. Several surrounding countries such as Philippines and India, has improved the legal institution of seafarer dispatch in order to captain the leading position in seafarer market. Nevertheless, China holds a meager portion which cannot match the international standing of population. These phenomenons mostly can be ascribed to the imperfect legal regulation of seafarer dispatch. The quality of dispatch is also limited. On the criterion of the nationality of the ship owner who employs the seafarer, this thesis divides the seafarer dispatch into two sections as the domestic seafarer dispatch and overseas seafarer dispatch, with the emphasis on the study of latter. The thesis begins with the basic theory about the seamen law. Through an overall inspection, it attains to find out the particular deficiencies and practical defects existing in the theory and rule of seafarer dispatch, and the chaos of seafarer dispatch market in which the right of seamen is violated seriously. In view of exposed problems, the thesis focus on the study of the departmental attribute of seamen law and the legal character of contract of seafarer dispatch, and subsequently the meticulous analysis on the domestic seafarers dispatch and overseas seafarers dispatch, that following the topic about the applicable law on the foreign-related employment contract. Based on the theoretical construction, it put forward the suggestions which include harmonious governing from the law under the central theme of protecting the rights of seamen, efficacious regulating on the operating activities of Dispatch Company, and building the coordination mechanism for the benefits of seafarer. All of these suggestions are presented in order to solve the legal problems about seafarer dispatch. At the end, the thesis illustrates that, a perfect legal resolution of seafarer dispatch will not only promote the economic development and increase the actual salary and income of seamen, but also constitute a significant move for integrating into the new order of international shipping industry, which will come into being after that Maritime Labor Convention,2006 entry into force.