An Analysis On Employer's Liability For Compensation Of The Personal Injury Of The Crew In China

Compared with land work,sea operations are particularly dangerous,and in the event of an accident,it will cause serious.property damage and personal injury.Navigation means "danger,isolation and limitation" for crews,and the current legal regime for the protection of crews is inadequate.Since the crew is the main role of maritime work,the employer's corresponding liability for personal injury to the crew can improve the efficiency of the claim and protect the interests of the injured crews.At present,many countries in the world have formulated detailed and relevant provisions on employer's responsibility,but we can see that the system of employer's liability in the personal compensation of the crew is not perfect through the analysis of the relevant laws of China.There are many conflicts at the legislative level,which leads to many disputes and problems in judicial practice.The 'study subject of this thesis is the employer's liability for the personal injury of the crew in China.The first part of the paper analyzes and defines the relevant theoretical basis of the employer's liability for personal injury of the crew,which includes the definition of the personal injury of the crew,the definition and analysis of the employment relationship;and the definition and analysis of the employer's liability.Through the study of the existing law and the application of legal practice,the legal relationship involving the crew contract is chaotic and disordered in practice.By adopting the definition of the inclusive employment relationship,the thesis could conclude and analyze more appropriately,and it conforms to the development trend of this concept internationally.The second part discusses the susceptibility and exemption of the liability for personal injury of the crew,which analyzes the natural basis of the employer's liability in the different situations when the personal injury occurred in the crew,studies the basis of the basis of respohsibility of the employer's liability,the principle of attribution and the exemption of the employer's liability.This thesis holds that the differences between the crew "and the land workers are the former has the characteristics of tremendous danger,occupational isolation,and internationality.Meanwhile,based on the pursuit of substantive justice,the principle of no-fault attribution of employer's liability should be chosen,and force majeure cannot be used as the excuse for the employer's personal injury compensation to the crew.The third part analyzes the principle and scope of compensation for the employer's liability in the compensation of the crew's personal injury,including the basic principle of the crew's injury compensation,the field,and the standard of the crew's personal damage severance.The study subject of this part is the controversy in legal practice which about the calculation method of the amount of moral damages.This thesis studies the calculation method of the amount of moral damages in China by analyzing different calculation methods applying to different countries.The fourth part analyzes the realization of employer's liability under.different insurance of the compensation of the crew's injury,including the definition and difference between the employer's liability insurance and the work-related injury insurance,the realization of the employer's liability under the employer's responsibility insurance and work-related injury insurance,and the combination of the employer's liability insurance and the work-related injury insurance.This thesis holds the view that the injured crew;should adopt both industrial injury insurance.compensation and employer liability insurance compensation when the employer is at fault,and the employer should take the supplementary mode of obtaining two kinds of insurance compensation without fault in order to protect the compensation rights more sufficiently as employees,and at the same time avoid the excessive compensation burden of the employer as far as possible,so as not to violate the principle of compensation filling.In the last part,this thesis puts forward some opinions on the fulfillment of the employer's liability for the personal injury of the crew.First,to clarify the competing nature of the employer's,liability for the.personal injury of the crew;Second,the principle of the employer's no-fault liability is reasonable,and it should be adhered to,which is reflected in the significant social benefits and reasonable risk distribution;.Third,to make sound assumptions on the reasons for the exemption of the existing employer's liability and send recommendations to the three different subjects;Four,to establish a pattern of supplementary and a combination of work-related injury insurance and employer liability insurance in the event of competition based on whether the employer has a fault.