The Study Of Foreign Seamen's Law And Reference For Ours

If there are no crews members of the world, there will be half of the people who suffer from hunger, there will be half of people who are Starving! This fully demonstrates that the crews have great contribution to the world, it is necessary to protect the rights of crew members to promote the health of the shipping industry flourish. For this reason, the world's shipping crew member countries attach great importance to the Legislative Council. 2006 National Maritime Labor Convention is to protect the crew of the rights and interests of the highest standards of international conventions. The United States, the Philippines, South Korea, Japan and other developed countries crew has its own law about crew, the crew of the content and method of improving the system is too. China is the largest maritime countries, with more than 40 million seafarers, crew members of more than 100 million river, but in our country there is no special "crew Act" to protect the interests of this particular subject so that the existing rights and interests can not be protected . "People's Republic of China Ordinance crew" did not fundamentally change this situation in 2007. Therefore, we must attach importance to the legislative of the crew, from the legal system to protect the interests of this special group. In this paper, a careful analysis of the international maritime labor conventions and the shipping crew members developed the system of law related to the requirements for crew members on China's Law help.This paper first introduces the crew to some of the basic legislation, including the definition of the crew, the crew professional qualification, the crew property law departments and law in the legislative structure of the crew.Chapter II focuses on the International Maritime Labor Convention, and foreign national labor contract system, the crew of the specific content, drawing on international conventions and laws of foreign countries in the labor contract system, the crew of the good of the proposed future development of China's law should establish a standard crew of the labor contract system. And introduced the law of foreign crew members and crew working conditions, duration of labor contract provisions, of our crew to improve the labor contract system has guiding significance.Chapter III focuses on the Korean crew disaster compensation system, pointing out that the significance of its existence, it is proposed the future development of China's Law on the crew when the system should be created.Chapter IV focuses on crew members of the social security system, analysis of the social security legislation and its advantages and disadvantages of various types. Recommendations should be established in China with China's national social security system.Chapter V focuses on the crew and the crew of the dispatch of an intermediary system, the crew sort out this chapter and the crew of the relationship between the intermediary institutions of the United States introduced a system to send the crew, and suggested that China should draw lessons from the United States to send the labor system, the maintenance crew assignment interests.Chapter VI of our comprehensive evaluation of the crew has just introduced legislation that in the positive sense, but there are still a lot less than at the same time. A brief description of the status quo of China's legislative crew, a comprehensive look at the above-mentioned legislation and foreign crew members hope to the future development of our country help the crew Act, and the future framework of the law of the crew suggested.