Study On The Protection Of The Labor Rights And Interests Of Seafarers In China

Maritime transport trade plays an important role in promoting the development of our national economy.The seafarer is laborer seaborne trade,their services for the construction of marine power,the Yangtze River economic belt,and made outstanding contributions to promote the "The Belt and Road construction.China is a big shipping country and a great seafarer,but there is still a gap in the construction of marine power.As a special group,there is a difference between labor and labor on land,which determines that the legal norm of ordinary labor can not be fully applied to sea labor.Therefore,It is necessary to adjust the laws and regulations that specializes in standardizing the labor rights and duties of the seafarers.But,At this stage,our country has not formulated the "law of the crew",There are many problems in the protection of the rights and interests of the seafarers in the judicial practice.For example,the three party coordination mechanism at sea is small,can’t really play its role;The supervision mechanism of labor security at sea is not perfect,and there is a lack of supervision subject with professional Seamen’s knowledge.The existence of these problems makes the rights and interests of the seafarers fail to be effectively protected.So,based on the protection of seafarers’ labor rights and interests,the author explores the current situation and existing problems of seafarers protection in China,and hopes that our seafarers legislation should be carried out as soon as possible,so that seafarers’ labor rights and interests can be implemented.The main content of this article is divided into three parts,the basic framework of which includes:The first part is a summary of the labor rights and interests of seafarers and seafarers.First,it expounds the concept of the related subject of seafarers,then expounds the particularity of the Seamen’s labor,and finally expounds the summary of the rights and interests of the seafarers.The second part is the present situation and the existing problems of the labor protection of the seafarers in China.This part introduces the present situation of the labor protection of the seafarers in China and analyzes the existing problems.The third part is the suggestion to improve the labor rights and interests of the seafarers in China.This part is to put forward the author’s suggestion in view of the shortcomings of the protection of the labor rights and interests of the seafarers in China.Based on the analysis of the basic theories and existing problems in the first three parts,the author puts forward suggestions for perfecting the protection of seafarers’ labor rights and interests in China through literature search and combined with the author’s own understanding.Taking the entry into force of the 2006 Convention as a turning point,we should actively carry out the work of implementing the Convention in an all-round way and put the crew legislation on the agenda.At the same time,we should also strengthen the labor supervision of seafarers,transform seafarers’ training mode,and actively enhance the overall quality of seafarers.These suggestions are designed to construct the protection mechanism of the labor rights and interests of seafarers,to guard against the problems in the judicial practice and to avoid the problem of the infringement of the rights and interests of the seafarers.