Study On Crew's Service Contract And Legal Remedy Systems Related

Along with the development of our socialism market economy and bricking up of international shipping competition in recent years, many great and middle shipping corporations in China cut down inner equipped crew in order to reduce cost. So a lot of seamen haven't jobs. They select with shipowners mutually at the crew's service markets, introduced by intermediaries of crew service. Therefore, the crew's service markets gradually develop and thrive. According to crew's service contracts which crew concludes with shipowners or intermediaries of crew service, crew serves on vessel. Compared with service on land, the service is filled with technique, risk and loneliness. The forms of crew's service contract are provided by the intermediaries, in which there are few rights and many obligations. And the contracts don't need review by the competent authorities, so the interest of crew can't be fully safeguarded in accordance with the contracts. However, the laws and regulations binding crew's service contracts aren't sufficient in China, and the stipulations of the General Rules of Civil Law and the Contract Code aren't fit for regulating service on sea, so that a lot of disputes arise and many legal issues should be resolved.Combined with judicial practice, this writer makes extensive exploration and research on issues in connection with concept, nature, effect, legal relation, legal responsibility, legal remedy of the crew's service contracts, and so forth, absorbs merits of international conventions and foreign legislation, and puts forward his viewpoints accordingly. Finally, the Crew Code is proposed being drawn up, in which there are articles that should apply to the crew's service contract and the competent authorities are appointed to investigate and identify the crew's service contract, so that the disputes reduce and the crew's service markets are steadying and developing.