Study On The Legal Relationship Of Seafarers' Foreign Dispatch

China has a large number of seafarers,so far there are 140,000 Chinese seafarers serving the vessels which have the nationality of foreign counties,Hong Kong,Macao and Taiwan regions.This occupation is full of strongly specialization,highly technicality,risky and wildly globalization.Because of that,the legal relationship of seafarers dispatch has become more complicated.Meanwhile,lacking of specialized laws or regulations is also a big problem to the seafarers dispatch.Therefore,building a full-fledged legal system should re-conceptualize the definition of the basic legal relationship.However,the theory concerning this problem is lacked a comprehensive and further study.So it is necessary to combine the national conditions,clarify the essence of the legal relationship of international seafarers dispatched.The author used relevant cases to explore the legal nature of the employment contracts of seafarers,and then regulate the relations of seafarers,establish the dispute settlement procedure.There are four charters in this paper.In the Chapter 1,the author summarized the legal relationship of seafarers.It is including this legal relationship's characteristics,the concepts of the subject and identification of this legal relation,and then classified the model of the legal relationship.In the Chapter 2,the author expounded the juridical logic foundation of seafarers dispatch.From that,the author draw a conclusion that the legal nature of seafarers dispatch is labor dispatch,but the international covenant about labor law can obtain in seafarer dispatch.Through comparing the relationship with the legal relationship of seafarers dispatch and labor dispatch,we firm idea about the nature.In the Chapter 3,the author used the international covenant,the internal legislation,and the flag country legislation to discuss rights and obligations of the tripartite subject of seafarers dispatch.Through the above analysis,the author introduced some questions about the seafarer dispatch.Finally made some recommendations to perfect the regulation of seafarers dispatch which including establish the special labor system for dispatched seafarers,and legislate the Crew Law.To summaries,there is no doubt that the nature of the legal relationship of seafarers dispatch should be labor dispatch.Based on that,author suggested that we should mesh between the related domestic law and Maritime Labour Convention 2006.In addition,because of the internationalize of the relationship,the author tends to appropriately increase the responsibility of the seafarer-outputting agencies,and encourage seafarers sign a short-term labor contract with the agencies.