Study Of The Relevant Laws Of The Fundamental Rights Of The Crew

The seaman has a prominent function to the shipping business, so shipping nations all value the seaman lawmaking very, drawing up the seaman method or ruling a specialized chapter in the maritime law in succession. Along with the pass of the Maritime labor Convention, the protection of the seaman rights will occupy an important place in the international maritime legal system.Our country is a shipping power, where there are more than 4 hundred thousand seamen and 1 million crew who work for vessels sailing in the river. However, they work without proper legal protection, as we have no specialized act for the seamen. This state has already influenced the development of the seaman labor market seriously, becoming the "bottleneck" of the land-and-water transportation business, as what it will mean for the national economy development at the predictable future. The seaman lawmaking of our country has been urgent.The rights and obligations of the seaman are the core contents of the seaman law. With detailed stipulations on the legal rights of the seaman, the lawgiver can carry out the lawmaking aim and purpose that the seaman law pursue. The research with seamen's basic right will contribute to the lawmaking of the act. For this, this text, basing on the discussion on the principle and rule of worker's basic rights in the labor law and the relevant contents of the foreign law and international convention, explore the subject and the content of the seaman rights and the realization of the seamen's rights to labor and employment and to receive remuneration for work.The text analyzed the legal statue of seaman in the China Labor Law ("CLL") and the subject of the seamen's rights. The definition of subject range in CLL is vague, and in actual judicial practice, employment contract is taken as the judging criterion of aforesaid subject, which constrains the subject of the seamen's rights and therefore seamen in service contract are not proper protected. The text advances that the aforesaid subject should be defied by labor engaging in paid crew labor.About contents of the seaman basic right, the writer elaborates the contents of worker basic right in general, and thinks the aforesaid rights should also contain that as seamen are one group of laborer. But, considering the particularity of seamen labor, the content of seamen's right has some difference from that. For example, to guarantee the aquatic safety and protect seaman health, the seaman is entitled more rights , compared with workers on land, on the aspect of rest and holiday, wages, social insurance and welfare and etc. So, special law should be enacted to make the seaman rights get the reasonable protection.Concerning realization and protective of the seaman right, this text only covers the labor and employment, wage of the seaman, discusses the related issues as crew employment agencies, employment services enterprises and basic salaries system, analyze the protection of seamen's rights under the appearance of the labor, and advances the establishment the seaman base wage standard system and employment agencies for public welfare which shall be carried out by the labor union of seaman.