A Study On Safeguard Mechanism Of Seafarers’ Rights Of China

Seafarers plays an important role in the social and economic development, it is the most decisive shipping productivity force, its occupation with strong professional, higher technical, bigger risk, wide foreign affairs and the typical social. For a long time, China is the world’s big seafarers country and labor output country, but not like other countries set up a complete seafarers’ rights safeguard mechanism, legislation relating to the seafarers’ working that far lags behind that of political and economic development level, cannot fully protecting the rights of seafarers. Since2007, our country has been working to strengthen the management of seafarers and safeguard the legitimate rights of seafarers, but lack of the mechanism and legislation and other problems caused in practice there is a series of the phenomenon of harming seafarers’ rights, and the problem has become increasingly prominent. Therefore, facing the existing status and the problem, it is necessary to study the safeguard mechanism of Seafarers’ rights by a scientific development view and methods; this will help promote the harmonious and healthy development of shipping industry and has important theoretical and realistic significance.In this paper, from the visual angle of different seafarers group rights and interests of the status quo, the convention and foreign countries’ experiences and operation mechanism and characteristics, and combined with the current domestic relevant laws and regulations, etc., using combined with normative analysis, empirical analysis, comparative analysis and historical analysis method to study the seafarers’ rights protection problems in our country. Main research content includes three aspects:on the one hand is to referring to international convention and foreign countries’ experiences and operation mechanism and characteristics, summarization and analysis of the current situation and existing problems of Chinese seafarers’ rights protection; Two aspects is a comprehensive analysis of the main body in the responsibilities and role of rights safeguard mechanism,expounds the main body behavior shoule how to play a role of function; Three aspects are combined with the international conventions and the relevant domestic laws and regulations etc., analyzing safeguard standards and requirements of the seafarers labor rights and sociaT rights. Finally, according to national conditions, the key is that provided suggestion to perfect our seafarers’ rights safeguard mechanism under the legislation, reform of related system, rights supervision and play a role of the main body by referring to conventions and the foreign countries’ experiences, in order to make our seafarers really can reach the standard of "decent work".