Construction Of China’s Repatriation Right Of Seafarer Under The Revised Maritime Law

With the economic globalization and the acceleration of the flow of global labor resources,the world’s shipping industry has continued to develop,and the voice of seafarers for their own rights and interests has become increasingly high.It has played a huge role in maintaining shipping order.The International Labour Organization and governments of all countries have paid more attention to the protection of the rights of seafarers,and constantly improved the conventions and legal provisions on the right of seafarers to repatriate.The Ministry of Transport of the People ’s Republic of China issued a revised maritime law on November 5,2018,stating that the new “maritime law” needs to regulate the rights and obligations of seafarers,and emphasized the importance of protecting the protection of seafarers ’property and seafarers’ repatriation rights.The right of crew repatriation,as an important aspect of crew rights,has not received enough attention in practice as other crew rights.The academic circles of our country have not done enough research on the meaning,manifestation and guarantee mechanism of crew repatriation rights,so they have not noticed that the regulations on crew repatriation rights lag behind the needs of contemporary crew rights.This article analyzes the cases in China’s current legislation and judicial practice,points out the dilemma of seafarer’s repatriation right in China’s legislation and practice,draws on the advanced experience of seafarer’s repatriation right,and proposes the construction and improvement of seafarer’s repatriation right.This article studies the crew repatriation right from four aspects and the issues that need attention in constructing the crew repatriation right in China:The first part starts with the definition and concept of the crew repatriation right,and clarifies that the subject of the crew’s repatriation right is the shipowner who has a labor rights and obligations relationship with the crew.It analyzes the legal values such as justice and order reflected in the crew repatriation right.The right actually comes from the labor rights and obligations relationship between the crew and the spacecraft owner,which highlights the research value and significance of the crew repatriation right.Then it analyzes the difference and connection between crew repatriation right and ordinary labor rights,and emphasizes the particularity and importance of crew repatriation right.The second part first analyzes the current status of China’s legislation,mainly including the current provisions of the Maritime Law,the Revised Draft of Maritime Law,and the Regulations of the People’s Republic of China on Crew Repatriation.Defects and shortcomings of the system.Then,taking the specific domestic judicial precedents and the experience of Chinese seafarers in the "United Goddess" incident as the starting point,it is pointed out that China’s seafarers ’domestic repatriation rights have been implemented to a limited extent,and overseas seafarers’ difficult to guarantee the right to repatriate.Finally,it clarifies the lack of the protection mechanism of the crew repatriation right in China,and it is difficult to obtain relief after the violation of the crew repatriation right,which shows the necessity and urgency of the construction of the crew repatriation right system in China.The third part focuses on the regulations and legislative trends of crew repatriation rights in the 《Maritime Labour Convention,2006》,and then analyzes the regulations and bills on crew repatriation rights in the United States,Britain,and the Philippines,and evaluates the repatriation rights of crew members through foreign laws.The rules and regulations summarize and summarize the advanced experience that China can learn from when constructing and improving the crew repatriation right system.In the fourth part,based on the current legislation status and judicial practice of China ’s crew repatriation right,combining with the foreign legislative experience on crew repatriation right,it puts forward reasonable suggestions for the construction of China’s crew repatriation right system.Specifically,in terms of substantive legislation,it includes refining the provisions on the repatriation right of seafarers in China’s maritime law,establishing a special crew repatriation insurance fund system,and in terms of the procedural system,establishing a special crew repatriation guarantee agency and supplementing the protection of the crew’s repatriation right.Procedural laws and regulations,etc.In addition,international mutual assistance to ensure the crew’s right to repatriation should be strengthened.