Study On Legal Problems Of Chinese Crew Manning Agency

With the practice of "The Marine country strategy" and the effect of The Maritime Labor Convention 2006 in China,there will be a higher request to our country's maritime trade .And the crew manning agency as an important link must comply with the national policy and the Times. But at present Chinese crew manning agency exist many problems which can't meet the needs of the development of maritime trade. For example: first, the relevant laws are disorderly confused, legal status is low, and full of contradiction,the character of crew manning agency is difference, domestic legal is different with international legal in some aspects; Second,same cases have different sentences ,existing different judgment standard,some concepts are dimness;Third,regulation isn't enough,regulatory powers are not clear, lead to loot or abandon power,lack of before and after regulation; the punishments for the crew manning agency is not strong; Fourth,crew manning agency lack of self-discipline, mixed management, the affiliated business,lease loan qualifications phenomenon happens,bad competition is severe, injures the rights of foreign crew members.This article takes the comparative research and case analysis measure, to analysis Chinese crew manning agency . By comparing the relevant provisions of the foreign law,directing the crew manning agency's future development. There are four parts: the first part introduces the concept of the crew manning agency, crew assignments in the subject, the legal relationship between them and the authors view. The second part,respectively from the legislative, judicial, administrative supervision, industry shows the present situation of the crew manning agency exists in our country, and suggests that the existing problems, which expounds the actual state of the crew manning agency in our country.The third part introduces the Korea, the Philippines and the The Maritime Labor convention,2006,to show that the crew manning agency ought to be. The fourth part, through comparing ought to be and reality, to the further development of the crew manning agency in our country put forward rational Suggestions, including a long-term countermeasures also have a temporary solution, gradually guide the crew manning agency to broker the legal nature of development.