Research On Legal Relief Of Occupational Diseases In Polar Crew

According to statistics,the number of merchant ships passing through the polar waters has increased in recent years.The navigable of Polar waters brings opportunities for the people of the world and at the same time,the natural environment of polar regions including polar cold,high altitude,"white nights" polar night and desolate silence will also pose a great threat to the personal safety of the crew.This paper aims to discuss the legal remedy of the occupational-disease of the polar crew from the perspective of the rights protection of polar crews.The subject of the study was the polar crew,who were working on ships sailing in polar waters.Compared with the average crew member,the polar seafarers' diseases have the characteristics of the diversity,the extent of the damage and the particularity of the disease.Our existing laws,however,have a lot of defects such as narrow protection scope,trival relief program and relief efforts unable to truly protect the rights and interests of the polar crew.Based on the analysis of polar crew members on the basis of the occupational disease protection legislation in our country,draw lessons from foreign related law,in order to perfect legislation to protect polar crew occupational disease in China.The full text is divided into five parts:The first chapter is an overview on the occupational disease legal remedy of the polar crew.Through the analyzing the concept of the polar crew,demonstrating the particularity of the occupational disease of polar crew,and comparing occupational disease relief to polar crew with occupational disease relief to ordinary crew,it intends to show that the bad working environment of polar crew and the necessity of special protection on occupational diseases for polar crew.The second chapter is about legal relief approach of polar crew occupational disease in China.Including the cognizance of occupational disease and the assessment of occupational disease and the choice of relief way on occupational disease of polar crew.Only through the series of process,we can distinguish occupational diseases of polar crew and consider what relief way can truly protect the interests of the polar crew and thus truly safeguard the rights and interests of the polar crew.The third chapter points out that China's defects in the way of relief on occupational disease of polar crew.They specificly include deterrent factors obviously in polar crew diagnosis process,bumpy way to get relief of polar crew,a lot of resistance factors when polar crew occupational disease patient advocate the civil compensation,existing insurance categories cannot truly protect the interests of the polar crew and existing polar crew occupational disease relief lack of mental injury in the rescue,etc.,.And it points out the reason of the shortage of the existing relief way in our country.The fourth Chapter is the legislative analysis of the occupational-disease relief of the polar crew and its reference to China.By analyzing and comparing to other countries,especially for polar arctic countries crew occupational standards and the provisions of the relief way,finally it is concluded relief model that adapts to the situation of our country.The author thinks that standards for occupational diseases in the United States is worthy of reference for our country,namely the diseases were directly on occupational diseases list is very limited and the compensation for catalog looser mode.Represented by the Japanese way of relief is worthy of reference for our country,which explicitly gives polar crew occupational disease patients the rights to advocate civil compensation.Once the crew in the polar regions are identified for the occupational disease,they can get the economic compensation provided by the fund of inductrial injury insurance,inductrial injury insurance compensation if it acquires is not enough to make up for the losses,the polar crew are entitled to Sue to the employer that requires the employer shall bear civil liability.The last chapter is the improvement of legislation on legal relief on the occupational diseases of the polar crew in China.The paper puts forward some Suggestions on the relevant legislation of the standard and relief methods for the occupational-diseases of the polar crews in China.It suggests that retaining existing the catalog of occupational disease classification and types of occupational diseases that our country has been listed in,and increasing the generalized definition of occupational disease or formulate supplementary terms,provisions when disease has not been on occupational disease conditions or directory specified conditions are notat the same time,how to identified as occupational diseases.It also suggests that the legislation explicitly grant the polar crew occupational-disease-sufferers the right to seek civil compensation.