A Study Of Improvement Of Legal System Of Transaction Dominant Position

The crew labor relationship is an important legal relationship between the crew and the ship as a means of production.By the impact of the downturn in the shipping market,the proportion of disputes between seafarers' agencies and crew increased year by year in China's maritime courts.The legal status of seafarers' agencies is at the point in such cases.The Maritime Labor Convention 2006 came into force on December 12,2016,which reflects the preferential protection to seafarers' rights and interests of our government.Therefore,it is an important way to realize the purpose of protecting the basic rights and interests of seafarers by defining the legal status of the seafarers'agencies in various assignment modes and legalize them.This paper analyzes the legal system of transaction dominant position,and analyzes the problems of the seafarers ' agencies existed in the practice and legislation with similarities and differences between the seafarers' agencies and the crew service organizations and the intermediary agencies.Based on the three assignment models in the practice,the author analyzed the market dominance status of concluding the contract and charging the commission,combing with the construction of anti-monopoly subject and the amendment of the antitrust law,crew regulations,to achieve the purpose of protecting the interests of the crew.The full text is divided into two parts:the text and the conclusion.In the first chapter,the author teases the legal system of transaction dominant position,clarifies the concept of the seafarers' agencies and the stipulation of the seafarers' agencies in current legal system,taking the development status of the seafarers' agencies in our country as the foothold,and clarifies the institutional problems in two aspects;In the second chapter,the author defines marketing dominance status by defining the legal status under different assignment models and charging commission;In the third chapter,on the basis of analyzing the subject of anti-monopoly in our country,the author analyzes the emergence and defects of the Chinese Coordination Organization of Seamen(CCOSE),and put forward the idea of establishing the Seamen Dispatch Association;In the fourth chapter,the author recommend to add the regulation of transaction dominant position in antitrust law and carry out pre-prevention and control to the developing seafarers' agencies explicitly and to regulate the specific rights of the seafarers' agencies forcibly and reflect the content in the amendment of the crew regulations.