A Study On Legal Issue Of Seafarer Social Insurance Of China

Social insurance involves various legal department,such as the constitution,the labor law,economic law and administrative law.To the social insurance legal-relationship of laborer,labor legal-relations is the core.As the shipping industry and the market economy are developing constantly in our country,the labor relationship between seafarer and their employers becomes subject diversified,operating market-oriented and contracting of relationship significantly.But,making or amending of related legislation and policy hasn't corresponded with the development of market.Especially,the seafarer is a special labor group which is huge different in labor conditions,forms of employment and so on from laborers onshore.To protect the rights of social insurance of seafarer properly,must improve the relevant regulations and law base on the particularity and demands of seafarer themselves to grant them inclining protection.For this purposes,this paper analysis the inadaptability of relevant regulations and law concerns seafarer's social insurance,and discuss the necessity and specific measures of making special legal institution for seafarer.Sorting the regulations for seafarer's social insurance in relevant foreign law and international convention,and analysis the background,purposes of legislation.Combined with realistic demands,discussing follow legal issues,including but not limited,the type of seafarer shall be covered,subject of seafarer's social insurance obligation,content and legal responsibility of such obligation.And offer the suggestion for simplifying the procedures solving social insurance disputes and measures for supervising employer performing social insurance obligation of relevant administrative departments.Chapter ? summarize current situation of seafarer's social insurance legislation and institution in China,point out various defect of them,especially in legal institution of protecting social insurance right both in maritime legislation and labor legislation.Chapter ? analysis the inadaptability of social insurance institution for seafarers.Chapter? explain the type of seafarers that shall be covered by seafarer's social insurance institution by comparing the provisions of foreign country to our to search the defect and promotion for these legal institution.Chapter ? analysis the legal relationship of seafarer's employment nowadays.To identify the subject of responsibility for seafarer's social insurance.And combine the relevant legislation,explain the content of social insurance responsibility for employer and legal rules to regulate that.Chapter V compare the related foreign legislation and international conventions to ours,offer suggestions to reforming of seafarer's social insurance institution and formulating or modifying of related laws and regulations,concerning about protection domain,subject of responsibility,legal liability,safeguard mechanism.