Study On The Nature Of Legal Relationship Of Seafares' Foreign Labor Dispatch

With the implement of reform and opening up policy, China's shipping industry has a significant development; seafarers' labor export market is also growing rapidly. As the special nature of work on seagoing vessel, seafarers not only have to work under tough conditions but also bear a high risk, there should be more legal protections of the rights of outputting seafarers. However, China doesn't have THE SEAFARER LAW at present, and solutions for crew dispatch problems are scattered among the relevant laws and regulations, seafarers' rights and interests are vulnerable to abuse and lack of proper protection during the period of dispatch.In addition to the introduction and conclusion, this article is divided into five parts. The first part is an overview of seafarer dispatch. This part gives a brief summary of the special of seafarer dispatch and also inspects the legal problems. The second part analyses the different subjects in this legal relationship and the legal status of seafarer dispatching institutions. The third part is a further discussion about their legal relationships in the crew dispatch issues. The fourth part discusses the impacts on seafarers' rights and interests of definitions on the crew foreign labor dispatching. The last part is about the author's suggestions on improving the seafarers dispatch system, which has two aspects:first is enhancing the coordination of the crew from the dispatch of foreign labor provisions in the legal system and the second is imposing joint liability on seafarer dispatching institutions and overseas shipowners. The aim of this article is giving its help on the seafarers dispatching business and their rights and interests.