Research On The Legal Problem Of Fair Treatment Of Seafarers During Maritime Incidents

Nowadays, with the rapid development of globalization, ocean shipping undertakes more than 90% of the cargo transportation of the world .The economy can't run without ships and ocean shipping.And as the support of ships and the maritime industry, the seafarers protect the lives of passenger on board and the safety of ships and prevent the pollution of the marine environment that comes from ship; they achieve the company's business interests and promote the realization of economic globalization.However, the seafarers' sailing work is so hard and full of risks. In addition to the hard working environment, the poor conditions, and the risks of personal safety and injury accidents occur frequently. Moreover, due to historical and practical reasons, seafarers often stay in a relatively weak position in the international ocean shipping.Over the years, many seafarers involving in maritime incidents were detained for a long time or treated unfairly to undertake the criminal liability. Not only have a bad impact on the human rights of seafarers, also have a very negative impact on the younger—member—recruitment of the maritime industry.In order to protect the rights of seafarers well, the IMO adopted a "sea accident after the fair treatment of seafarers Guide" in 91st Legal Committee meeting. "Guide" points out: as a special part in groups of workers, due to the globalization of their careers, seafarers often experience a wide range of jurisdiction, so seafarers need special protection. "Guide" requests that: in maritime incident investigation, when it is necessary to detain seafarers, authorities should treat seafarers in a fair way, and the period of retention should not be exceeding the necessary time. "Guide" emphasizes: a sea accident, all participants that involved in should cooperate and communicate with others. During the investigation, the participant should ensure that seafarers are not discriminated and retaliated; they should take all necessary means to ensure that seafarers get a fair treatment.Through the study of the protection of the rights of seafarers in maritime incidents, this paper aims to ensure that the seafarer should be protected well and promote international and domestic legislation on fair treatment of seafarers. Then, we can protect the seafarers well.