Liability Subject Research Of Damages For Personal Injury And Death Of Assigned Crew

With the development of China’s maritime economy, the number of the crew assignment is expanding and professional management requirements are also rising. Currently, the crew assigned abroad has become an important pillar of labor export, and plays an important role in promoting the development of foreign trade. Although modern navigation technology has provided a strong maritime industry security, but "the seafaring is still listed as one of the most dangerous occupations in the world’s top ten", the crew’s personal injury or death often occurs. With the rapid expansion of crew assigned team, more and more disputes happen, and how to better protect the personal safety of the crew assignment has become an important issue, we should pay much attention to the disputes of crew’s loss of life or personal injury and can handle such disputes in a timely and deserve compensation. It has very important significance for the protecting of the interests of this special group of assigned crew and promoting the healthy development of the crew assignment industry. However, in order to effectively solve the problem of crew personal injury or loss of life, the key lies in the identification of the main responsibility party. Only confirming the scope of the responsible party and the way of bearing responsibility thereof, the interests of the crew can be effectively protected. At present, in China, there are many shortcomings in confirming the responsibility party and bearing responsibility for such compensation. It is serious harm to the rights of the crew.Based on studying the basic theory of every responsible party, a detailed discussion of some legal issues on them and their way to bear the responsibility were made and put forward some suggestions on how to solve these problems. The discussion is benefit for the crew to get compensation for their personal injury or loss of life occurred in a timely manner. It is also benefit to promote the healthy development of assigned crew operations, to provide legal protection for sustainable development of the crew assignment.In this paper, the main content is divided into four parts:Firstly, putting emphasis on the classification of some basic concepts in foreign assignment casualty damage compensation. The definition and characteristics of the crew assignment, assigned crew personal injury damages as well as the definition of the characteristics of foreign labor dispatch crew are introduced. Secondly, the basic legal issues of responsible party for personal injury of crew assigned aboard is researched, the legal status of their responsible party and the relationship between them and the crew assigned aboard are clarified. Thirdly, summarizing the existing problems in the practice of responsible party for personal injury damages for crew assigned aboard. Fourthly, basing on the third part, by reference to the experience of developed countries and combined with our dispatch services practice the author put forward some sound advice on the problems mentioned in part three.