| China is a country with large shipping industry and many crews, the crew is the core of the entire shipping industry, and is the important force that promotes development of the shipping industry. With the rapid development of Chinese national economy and the advancement of globalization, Chinese shipping industry develops rapidly, the number of crew increases day by day. But the question of crew's social security doesn't have a satisfactory solution; the deep reason of this problem deserves our discussion.For any country with shipping industry, the crew is a special group. The particularity of the crew occupation mainly displays in: (1) internationality. The ships that has international navigation, travel between each country and the harbor, simultaneously, the increase of the export of crew labor services as well as the crew that are send to units or organizations in other areas or to a foreign, the crew not only limits their service in their own country ships, but take more participation in international shipping trade. (2) The inconstancy of working time. The crews spend a whole year living and working on the ship, the working time and the relaxation time are different from land worker's 8 hour working system and the normally holiday system. (3) Specialty. Crew's workplace is the ships, besides to need to master the navigation skill; they also need to grasp the skill of communication, the astronomical geography, and the foreign language as well as the survival skill and so on. (4) Risk. In the navigation process, the ships will momentarily meet dangerous situations such as the great storms, perils of the sea, which will pose the threat to crew's personal safety. (5) Hardship. The crews eat and live only restricted on the ships, the deficiency of nutrition and the sea danger which momentarily meets have a great influence on the crew's health, moreover the crews are far away from their family and friend for a long time when they are on the sea, and there are some hidden dangers in their psychology. Therefore, based on the particularity of crews, it is imminent to enhance the crew social security and the welfare treatment.The reason that our country is a nation with large shipping industry, but not a powerful shipping nation, is that our country's shipping legislation is inadequate, particularly on the aspect related crew labor protection legislation. "Crew Law" has been put forward many years but is still not to be promulgated, each kind of legal relationship and the social security rights and interests of crews mainly depends on "Labor law" of land labor legislations, and there is no special legislation of China's social security for crews. Along with the increase of number of individual crews and the crews who are send to foreign countries, the facilitating agency of crew seize the chance to seek exorbitant profits, some Facilitating agencies in order to achieve the goal of making business with the boss of the ship, they do not dare to insist on protecting the crews'social security right which are the essential provision when conclude and sign contract, this causes to make the relations of crews and their service complex, the initiation labor dispute, the crews are often at the inferior position when they are in the arbitration or the lawsuit. Moreover, there is no formal and specialized agency in our country to carry on the surveillance and the management of crew's basic work condition. The imperfect in the supervising mechanism and the administration causes the crew's social security rights and interests in our country don't obtain an effective protection."2006 International Marine Labor convention" and"the Crew Rule of the People's Republic of China " are released one after another, which strengthened the consciousness of legal protection in china. Based on this, through the analysis, study, and summary of the international convention, relate the Chinese crew's present situation and trend of development of the social security legislation, make a further development of the crew old-age insurance system, establish relevant law that can effectively safeguard the health of the crews request system of medical care insurance, strengthens the crews' compensation insurance system, improve the level of crews'unemployment insurance system, enhances the process of crew's social security and the welfare treatment, improves the Chinese crew to work gradually the aspect to legislate, to speed up the advancement social security systems construction the advancement, better maintenance crew's legitimate rights and interests, thus promotes the Chinese shipping industry vigorous development, causes to construct and to consummate the Chinese crew social security legal regime Appears especially important.This paper is divided into 5 chapters. The first chapter introduces the basic concepts of crew, crew's main rights and obligations, with a particular focus on the particularity of crew marine work, the particularity of marine work are divided into the particularity of the ability to work and the particularity of the way to work. The marine work's particularity is the root reason for the special legislation and the protection of the crew. The second chapter is the rationale of the crew social security research; the crew social security research is based on the fair theory, integrity social policy theory and the developing social welfare policy theory. The third chapter is about the internationally of the crews'social security, including International organization's joint pledge, letter of proposal and legislation of shipping of other developed country. And the most important is the concrete provision of crews'social security rights and interests in the all-accepted "2006 International Marine affair Labor convention". The fourth chapter is about the present situation of Chinese crews'social security system, question and analysis. Because of the imperfection of the legislation for crews, the non-standard crew labor contract, the crew does not work the intermediary system's malpractice and the supervising mechanism flaw causes the crew social security payment difficult, the crew social welfare to lack the unification the implementation standard, the crew social security rights and interests is unable to obtain the protection. The fifth chapter is about thoughts of constructing and consummating the crew social security legal regime. Through the elaboration of the necessity and feasibility of Constructing and consummating the crew social security legal regime, profits from the successful legislation experience of foreign country, in view of the particularity of the crews'work, in aspects and so on crew's social security, social welfare, social service proposed that several opinions, hope to be able to have a benefit to the Chinese crew social security legislation.
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