Study Of Seamen Labor Right

Without seamen, there are no development with industry of ocean transportation and world economic. There is a large number of seamen and merchant ship tonnages in China. Protecting the rights of seamen will be good to the development of our transportation and the competitive of semen occupation. As "Law of Seamen' Right", will be the forth basement of ocean transportation. Because of ratifying the convention, and the feature of the enforcement of the convention, it will impact our transportation industry heavily. In order to dealing with the impact of the effective of the convention, we must prepare for it in advance and to protecting the long stable development of our transportation.As one of the human rights, labor right is popularity. As a "combined right", the context of labor rights include the right of salary, the right of social security and so on. As workers, seamen should have the security of labor right. Because of the feature of ocean work, the context of seamen' labor rights not only include common labor rights, such as the right of relax and vacation, the right of security and health, but they also include special labor right, as repatriation. Furthermore, their common labor rights are ruled by special system to fixing the need of ocean work. Because the effective laws and rules of protecting seamen labor right are in low level. In addition to the backward of contexts and the methods of the rule, and the vague of the system of management and the right of jurisdiction, causing the flaw of the safeguard of our country's seamen system, the flaw of the safeguard method, the bad result of the safeguard aim. So, with the basement of clearing the modern system of seamen labor right of our country, referring to the convention and foreign countries' experiences, we should perfect our seamen labor rights safeguard system with legislation, labor supervision and other methods, and make a "safe net" of seamen.In this paper, with studying the concept and context of seamen labor right, analyzing modern problems and protecting system of our seamen, listing the perfect ideas to the system of seamen labor right. There are four parts in this paper, Chapter 1 introduces theories about seamen labor rights, analyzing seamen labor rights from three key points of working, and introduces the relationship among human right, labor right and seamen labor rights. Chapter 2 introduces the context and feature of seamen labor rights through common and special labor rights. Chapter 3, with the basement of analyzing our seamen labor rights legislation, listing the problems of our seamen labor right laws and rules. Chapter 4, with analyzing the defects of our seamen labor rights protecting fields, listing perfect ideas from legislation, ratify of conventions, coordinate the relationship of work and guarantee supervision.