Research On The Legal Relations Of The Crews' Labor

In recent years,with the blooming of the labor market of Chinese mariner,the pattern of employment changes gradually.As a result,disputes arising from seafarers'service contract are increasing as well.Although "the dispute of the crew's employment contract" is a cause of action,which is stipulated in Provisions on Cause of Action for Civil Cases,actually Provisions on Cause of Action for Civil Cases refers to several legal relationships of the crew's labor,such as the crew's labor contract,the crew's employment contract,the De facto legal relationship of the crew's labor and employment contract,etc.Legislation on the crew's labor is mostly in the form of principles,which tend to be administrative management.Moreover,there is a lack of effective connection between the provisions,in which conflicts exist as well.In theory,few scholars have made a comprehensive systematic analysis of the legal relationship of the crew's labor.This kind of situation is not conducive to the effective protection of the crew's rights and interests,and it can also lead to the inconsistency of the legal application of the legal relationship between the crew's labor law and the judicial impartiality and authority.This paper attempts to cope with the new changes and problems in the field of the crew's labor on the basis of combing the connotation and content of the legal relationship of crew labor while taking into consideration of the trial practice of the legal relationship of crew labor as well as the current legal system.This paper is divided into three chapters.The first chapter is the overview on the legal relationship of the crew's labor,which is analyzed from three aspects:the main body,the object and the content.The crew labor legal relationship objectively has its own particularity.Therefore,the first chapter describes from the aspect of the subject,object and content.Besides,it summarizes the particularity of the crew's labor law relationship.The second chapter analyzes the practical patterns or forms of the legal relationship of the crew's labor,thus,to legally distinguish and identify different kinds of legal relationships of the crew's labor.The third chapter analyses the maritime court trials of the crew's labor legal relationship disputes in the last five years on the basis of the previous two chapters,mainly from the case of the cause of action,claims and the applicable law,to summarize the new problems of the crew's labor legal relationship in recent five years and try to find solutions from the practical experience.