The Research On Legal Issues Of The Crew's Service Contract

In recent years, with the development of crew's service market and the demand of shipping business, the crew's service contract is widely used. Comparing with the operation on land, the offshore operation personnel have the features of high operation risk, high technical requirement, and great mobility. Nowadays, the chaos of the application and signing of crews service contract, lead to the difficulty of safeguarding the interest of crews. Laws and regulations concerning the management of crew's service contract in China are incomplete and lag behind. All the crew's service contract are drafted according to General Rule of Civil Law and Contact Law, which hinders the protection of crews'interest and leads to many disputes. Therefore, to improve market order of crew's service and protect crew's legal rights, it is necessary to conduct a thorough analysis of the legal problems about the crew's service contract. Based on the current legislation of our country and learning from other countries' experience in legislation as well as relative international treaties, this paper makes a proposal to improve the legal system of crew's service contract in China.This paper consists of five chapters, in which mainly elaborates the background, objective and significance of the study, the current study situations in China and abroad, research approach, and the innovation of this paper in Chapter 1, and mainly elaborates the literature concerning crew's service contract by introducing the concept and category of this contract, and distinguishing the crew's service contract and crew's labor contract in Chapter 2. It introduces the body and legal status of the crew's service contract, including the scope of the body and its legal status in Chapter 3 and the disputes arisen from or related to the contract and the disputes settlement approach, including the approaches to the remuneration disputes and personal injury disputes as well as the claim of crew for remuneration and personal injury compensation in maritime liens in Chapter 4. The jurisdiction and application of disputes arisen by crew's service contract are also elaborated. And Pre-arbitration is not applicable to the settlement of disputes arisen by crew's service contract. Chapter 5 is about the thinking of improving the legislation of crew's service contract in China. Proposals are also made accordingly, including the establishment of standard crew's service contract, the specification of conditions for early rescission and termination of the contract, mandatory insurance treatment for crew and rectifying the intermediary companies of crew's service.