The Research Of Issues In Relation To The Crew Personal Damage

With the development of economic globalization, shipping industry becomes more and more important. As for our country, the crew number increases rapidly which leads to more crew illness/injury/death claims. When the incident happens, we have to refer to all the provisions scattered in relevant articles of laws to determine the compensation. Working as crew, it is different from the other jobs which also make the liability of the shipowner to the crew is different from common employer to employee, and the lack of specialized laws also attribute to the frequently occurred disputes between shipowner and crew. This thesis discusses the present problems in the compensation for the crew personal damage according to the existing laws and regulations, international conventions and the common practice, and proposes recommendations to improve the status of compensation for crew personal damage.This thesis is divided into five chapters besides the introduction and conclusion. Chapter One defines the concept of shipowners, crew and crew personal damage and the patterns of it. Chapter Two lists the different kinds of employment of the crew and further discusses their legal relationship between shipowners and crew to determine the feature of the liability and the scope of compensation for the crew. Chapter Three discusses the compensation patterns to the crew when there are more than one kinds of legal relationship between the crew and the liable party. Chapter Four points out the measures how to ensure the crew to get indemnity fully and properly and the defects of the measures now available. Chapter Five gives the recommendations to improve the present situation of the compensation to crew personal damage from both the legal and practice aspects.