| Under the current system of maritime law in China, seaman’s claims to wages and benefits, which secured by the maritime lien, have been put in the first place among all maritime claims. However, as a result of the historical limits in the time when maritime law of China was enacted, it was quit ambiguous in relation to the way the provisions concerning seaman’s claim to wages and benefits secured by the priority claim to seagoing ship should be applied. Accordingly, efforts are needed in theoretical studies so as to guarantee a proper application of law. This thesis takes the seaman’s lien for wages as the main object of the research, its main research findings are the definition method and the determined range under the elements of static legal relationship. The thesis takes the "Rechtsdogmatik" as the point of departure, and makes the legal definition of each elements of the static legal relationship under Chinese laws cleared.In the preface of this article, the significance of the research is clarified, and the methods of this article are also illustrated clearly.In chapter one, the theoretical background of seaman’s lien for wages under the sight of maritime lien is deeply analysed. Firstly, it introduces the basic concept and legal character of maritime lien briefly. And it re-defines that the legal character of maritime lien under China law shall be deemed as the statutory mortgage. Secondly, it analyses the theoretical background of seaman’s lien and finds that the theory of public policy,protection of human rights and the seaman’s contribution to the value of the vessel shall be the foundation for acquiring the seaman’s lien for wages. Lastly, the basic theory of acquiring the claim of seaman’s wages and benefits secured by maritime lien has been analysed. It confirmed that, except of base on the contractual relationship, the theory of "service to the ship" may be the mainly reason of acquiring this right.In chapter two, it analyses the subject who shall enjoy the maritime lien from the point of quiescent condition. Firstly, the following theories has been confirmed under the current system of maritime law of China by contrasting to the British law : a. the concept of "seaman" in Chinese Maritime Code has the same meaning with the concept of "member of crew" under British law, the "master" is included by the concept of "seaman". Owning to the special position, the "master’s lien for wages" has a lower priority to the "seaman’s lien for wages", and; b. "other member" in article 22 of Chinese Maritime Code refers to the range of "member of crew" excluding the range of "seaman" under British law. And "service to the vessel" shall be the mainly reason of acquiring the seaman’s lien for wages. Secondly, it analyses that whether payment claims for wages of unqualified seaman shall be entitled to maritime lien depends on their factual services to the vessel, and it has nothing to do with whether they has awared they are not qualified. Lastly, the labour dispatch relationship under maritime law has been analysed. It clarified that the seaman within labour dispatch relationship shall be entitled to maritime lien based on the theory of "service to the vessel". And a dispatching company’s claims towards shipowners shall not be entitled to maritime lien, even it has paid seaman wages when the shipowner has not paid it the relevant charges thereof.In chapter four, it analyses the second and the third elements of seaman’s lien for wages from the point of quiescent condition. It confirmed that the range of claims secured by maritime lien shall also include the interest, which arises from the delay of payment and the expenses for exercising the right. And its object shall cover the ship and the thing subrogated of ship. The concept of "wages" shall cover basic wages, all interests result in the services to a vessel, interests of principal claim、liquidated damages, indemnification for loss、fees of holding property, fees of enforcement of right, repatriation expenses, social security expenditures. |
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