Research On The Protection Of Seaman Rights Under American Law

The United States is a western country with a long coastline and many ports.It always values the ocean.As a shipping developed country,the United States has been aware of the special nature of seaman's work since more than two hundred years ago and since then has begun to protect the rights of seaman.At present,the United States has a sound legal system,effective legal provisions and judicial enforcement systems for seaman protection.Those can be used for references to China.This paper mainly introduces the rights protection construct,the rights U.S.seaman law protect and rights protection system of the seaman under U.S.law.Through the study of the rights protection construct under the U.S.law,we can have a relatively complete understanding of how the U.S.protects the rights of seaman.Through the study of the rights of seaman under U.S.law,it is possible to have a relatively intuitive understanding of the focus of the rights of seaman protected by U.S.law.Through the study of the system established by U.S.law to protect the rights of seaman,it can provide reference for the protection of the rights of seaman in China.The difference between the United States and our country in the protection construct is mainly reflected in the difference in legislation.The United States not only has a unified seaman law,but also has a federal bill specifically for seaman wage and personal injuries.In the judicial system,the U.S.court has a history that support seaman more when construe the law.The "Saving to Suitors" clause in U.S.law facilitates the seaman to sue in the ground.In addition,the United States has "litigation in rem" and "quasi-litigation in rem" to facilitate seaman claim.Regarding the seaman protection agency,there are three one.First one is MARAD,MARAD is committed to providing assistance to the seaman and promoting shipping.MARAD also establish some seaman training schools.Second one is the U.S.Coast Guard,a maritime law enforcement agency with armed forces.Last one is Seafarers International Union,SIU has a large participation in seaman protection.In terms of the content of rights protection,the United States has made detailed regulations on the seaman on the right to rest and right to social security,and also clearly stipulates the seaman's right to strike.In the United States,there are some special systems worthy of reference,such as the shipping article system,the American consul system,wage system,the personal injury remedy system,and the reemployment system.At present,the Maritime Labor Convention of 2006 which passed by China has put forward new requirements for the protection of the rights of seafarers in China.China should strengthen the construction of domestic legislation to meet the requirements of the Convention for China.When constructing Chinese domestic seaman law,we can use the well-established U.S.seaman law as a reference.We hope that the seaman of our country will grow and the risk of the shipping industry will be reduced,thus more fresh blood will be injected into China's shipping industry.