The Study On The Legal Issues Of Maritime Lien For Crew Wages

This thesis takes the maritime lien for crew wages as the main object of the research,and tries to acquire a general understanding of this kind of right under the current legal system with interpretation.This thesis puts forward the main obstacles and disputes in the process of realizing maritime lien of seaman.This thesis analyzes the causes of the problems by comparing the methods of jurisprudence,legal hermeneutics and legal economics,and puts forward some solutions to each problem and some suggestions for the improvement of legislation.Except the preface and conclusion,there are four chapters in this article.In chapter ?,the author talks about the existence of the salary and the present situation of legislation and judicature,and the theoretical background of maritime lien for seaman's wages is deeply analyzed.And the main obstacles encountered in the process of realization of maritime lien are put forward.In chapter ?,the author discusses the subject of the seaman's maritime lien.The author analyzes the original subject and subordinate subject for maritime lien of crew wages.This part mainly discussed the standard for judging the original subject and whether incompetent crew can become the subject of crew's maritime lien.In the subordinate subject,the author analyzes the question whether the maritime lien for the remuneration of the crew can be obtained.In chapter ?,the author discusses the identification of the subject of liabilities of maritime lien for the crew wages.The third chapter focuses on the analysis of the crew under the owner has been paid the salary to assignment agency,the crew can also claim the maritime lien for wages,and then identified the main subject of duty.In chapter IV,the author discusses the credit secured by maritime lien for wages,mainly focusing on whether the double wages under the labor contract law and the crew wages in closed fishing season are secured by maritime lien.