Study On The Subject Of Liability For Personal Injury And Death Of Assigned Seafarers

With the development of global economy and trade and the upgrading of ocean shipping technology,maritime transportation has become the most important mode of international cargo transportation in China,and the overseas assignment of seafarers has become the main way of talent circulation in the international shipping market.assigned seafarers have long worked on ocean-going ships and face special risks that many land occupations do not possess.Although with the development of modern industrial technology,shipbuilding level,meteorological disaster prediction technology,shipbuilding capacity has significantly improved,seafarers face significantly lower risks at sea than in the past,but statistics show that seafarers' casualty rate is significantly higher than that of ordinary land-based occupations.Casualties of assigned seafarers often occur and lead to disputes of liability for damages.The premise of ensuring that the dispute of compensation for personal injury and death is dealt with in a timely and effective manner is to identify and determine the subject of liability for compensation.Although there are specific provisions on the system of seafarers' assignment and compensation for ordinary personal injury and death in our country,due to the complexity of the legal relationship of seafarers' assignment under the mode of diversified assignment,the conflicts of the subject of legal obligation on the personal safety and security of assigned seafarers,and the problems in the practice of seafarers' assignment contract,it is difficult to determine the subject of liability and to carry out the relief procedure.Therefore,it is necessary to study the subject of liability for personal injury and death of assigned seafarers,deeply analyze the problems existing in this respect in our country at present,and try to put forward relevant suggestions to promote the legal level of protecting the legitimate rights and interests of expatriate seafarers in our country.This paper is mainly divided into four chapters,respectively from the difficulties of identification of the subject of compensation for personal injury and death of assigned seafarers in China,the identification of the subject of compensation for personal injury and death of assigned seafarers under contract law and tort law,and the suggestions for perfection of the subject of compensation for personal injury and injury of assigned seafarers.The first chapter expounds the dilemma of identification of the subject of liability for personal injury and death of seafarers on assignment in our country,and discusses the complexity of the legal relationship of seafarers on assignment,the conflict of legal regulation of the subject of personal safety and security obligation of seafarers on assignment,and the problems existing in the field of seafarers' assignment contract in practice.The second chapter discusses the identification of the main body of liability for personal injury and death of assigned seafarers under labor law,and discusses from three aspects: the seaman's assignment agency,the overseas shipowners and the domestic shipping companies.The third chapter discusses the identification of the main body of liability for personal injury and death of assigned seafarers from the perspective of tort law,specifically discusses individual tort and joint tort,and focuses on the liability of seaman's assignment agency and overseas shipowners in joint tort.The fourth chapter puts forward some suggestions to improve the identification of the subject of liability for personal injury and death of seafarers on assignment in China.First of all,gradually establish the legal status of the intermediary of the seaman's assignment agency,so as to clarify the legal relationship between the seaman's assignment agency and the assigned seaman under labor law and tort law.Secondly,it is suggested that legislation should be passed to clarify the rights and responsibilities of seafarers' assignment agencies and overseas shipowners.In addition,in view of the problems existing in seafarers' assignment contracts in the current practice,Suggestions are put forward to strengthen the supervision and filing of seafarers' assignment employment agreements with foreign countries and to improve the supervision system of seafarers' assignment agencies.