Study On The Legal Problems Of Compensation For Loss Of Life Or Personal Injury Of Seafarer

With the development of transportation and operation at sea, cases of loss of life or personal injury at sea have become the increasingly popular cases in marine court. Seafarers, as the necessary part of the shipping industry, are inevitably becoming the common victims in this kind of cases. Today, more and more attention has been paid on the remedy measures for the infringement of human rights. However, the current laws and regulations concerning seafarer's rights are far from being satisfactory, which have a lot of contradictions and confusions. This dissertation aims to make some meaningful researches on problems existing in laws on compensation to loss of life or personal injury of seafarer by analysis and summarizing ways, and give some practical suggestions for the protection of the legitimate rights of the seafarer.Chapter one summarizes the laws and regulations and international conventions concerning loss of life or personal injury of seafarer and suggests that the current laws are too simple, as a result, the judicial practice mainly depend on judicial interpretations which have a lot of contradictions with laws and regulations and other judicial interpretations.Chapter two puts forward the enlarged concept of seafarer. Since the results of loss of the laborers who have no certificates are same as seafarer with certificates, this dissertation also takes them into the same consideration. This dissertation compares the labor contract with the employment contract and introduces some usual problems.Chapter three analyses some ways to compensate the pecuniary loss of seafarer, especially dealing with the co-existence of employment injury insurance and tort compensation; solving ways' advantages and disadvantages in different countries. Finally, the chapter puts forward the comprehensive mode based on priority of employment injury insurance.Chapter four analyses issues concerning spiritual damages compensation for loss of life or personal injury of seafarers which including legislation process, the particularity and the subjects of the spiritual damages compensation for seafarer. Also, it explains the principles of responsibilities for the spiritual damages compensation under the different incidents.Chapter five makes some suggestions for the improvement of legal systems concerning compensation for loss of life or personal injury of seafarer.To perfect the liability regime for compensation for loss of life or personal injury at sea in China is necessary both to the development of law and to marine judicial practice.