The Study Of Legal Nature Of Employment Contract Of Crew In China

China is a shipping superpower,shipping industry plays an important role in Chinese national economy,the development of the shipping industry has a significant effect on the development of foreign trade and the health movement of national economy.As the first-line workers of shipping, the crew are main labor who plays a vital role in shipping production.As practitioners of the special industry-shipping industry, crew belong to the special groups of society,the sea transportation work they engaged in is very different from the general work on land in aspects of the labor ability,the labor relation,the labor process and production of work.Therefore,it is necessary to pay special protection to the rights of crew.However,long-times since,the protection on the crew's rights in China has many problems which failed to achieve for crew's rights and special protection.Investigate the reasons,because of the legal nature of empoyment contract of crew is unclear, and so that the legal system of employment contract of crew is unimprovement.This paper in order to determine the employment contract of crew as the special employment contract in social law from theoretically,provide theoretical guidance for law applicable and legislation of the employment contract of crew, maintain the rights and interests of crew.In this paper,firstly,the author clears about the concept of "crew",in combination with the concept of "ship" in Maritime Code;secondly, by the methods of analytical and comparative,the author analyzes the legal nature of employment contract from the concepts,prinsiples and charactics of social law;combinate with the relations between employment contract and service contract,the author analyzes the special legal nature of employment of crew on social law.Finally, the author analyses the legal nature of which named "service contract of crew" and "abroad service contract of crew" remain employment contract of crew.Therefor determins the special legal nature of employmen contract of employment contract of crew,provides therotical basis for special protection from labor law.