Study On The Protection Of The Rights And Interests Of The Mainland Fishing Crew To Taiwan Under The Background Of The ILO Legislative

Since 1987 lifting of martial law,complying with Taiwan's fishing industry on the labor demand momentum and aiming at the Taiwan fishing owners hiring and resettling the Mainland crew issues, Taiwan authority have to formulate the relevant administrative orders to regulate,while the protection of the labor rights and interests of the Mainland fishing crew to Taiwan (hereinafter referred to as the Mainland crew) are not mentioned;In Taiwan, the research on the related issues of the Mainland fishing crew are more focus on fishing economic, security and management level, this study will try to discuss the protection of the rights and interests of the Mainland fishing crew from the perspective of the labor rights under the legislative background of the Fisheries Work Convention in 2007 (hereinafter referred to as "the Convention") of the International Labor Organization.I had a field trip to Taiwan to understand the living and working conditions of the Mainland crew in Taiwan and the relevant institutions and policies, and the views related the Mainland crew issues from the relevant scholars and experts in Taiwan. This study has reviewed and collated the collected literatures and summarized the ideas and solutions from the research for reference and summarized the gaps and omissions of the research for the further complement on this basis.And this study has compiled and systemized the relevant laws, regulations and agreements, and viewed the flaws and deficiencies to put forward recommendations for the improvement; And this study has used the comparative analysis methods to compare the different orientation between Taiwan and the Mainland on the nature of the Cross-strait Agreement; compare the differences between the new Cross-strait agreement and the old and the ILO Convention to hope that Taiwan will will adopt the standard of the ILO Convention to employ the Mainland crew;Finally, this study has used the method of linking theory with practice to analyze and approach theoretically the problem solution on the protection of the rights and interests of the Mainland fishing crew to Taiwan, and combined with the current working situation of the mainland crew to put forward the proposal to solve the problem from the protection of the rights and interests of the Mainland fishing crew in order to give the reference for the Cross-strait relevant fisheries organization making the fisheries labor service cooperation agreement and give the reference for the cross-strait relevant authorities to solve the problem and the construction Mainland fishing crew systems and policies.This paper is divided into six chapters. The first chapter is the introduction, describes the research background, motivation, purpose, method, innovation and the expected outcome; The second chapter describes the background of Taiwan's fishing vessel owners employing the Mainland crew; The third chapter describes the ILO relevant systems on the protection of the rights and interests of the fishing crew; Chapter IV views the problems from the key regulation on the Mainland fishing crew and the current working situation on the Mainland fishing crew; Chapter V discusses and analyzes the relevant theories on the Cross-strait fishing crew labor cooperation agreement.firstly, to discusses the theories on the Cross-strait agreement; secondly, to compare the "2009 Cross-strait Fishing crew labor service cooperation Agreement"(hereinafter referred to as the"09 Agreement") with the "2006 Cross-strait Fishing labor service cooperation Agreement" (hereinafter referred to as the "06 Agreement") and find the gaps between them to hope that the "09 Agreements" to absorb the advantages of the "06 Agreement" and make up for its shortcomings;finally, to compare the "09 Agreement" with"the Convention "and find the gaps beteewn them to hope that the Cross-strait Fishing labor service cooperation Agreement in future will make up the gaps.