The Law Application Of The Clause Of The Crew's Maritime Lien

The crew's maritime lien is derived from maritime lien.As an important subordinate right of maritime lien,it is a special security right that is based on the pursuit of fairness and justice as the value goal,to protect the crew's the right to life and the right to labor.The basis for the salaries of the crew is based on the fact that the crew is on the ship.This article argues that the basis of the crew's maritime lien lies on the fact that the crew provides services to the ship.Even if some of the crew are ineligible,the disadvantaged subjects who have labored in the hard environment should not be disqualified from maritime lien.The crew who form a generalized labor relationship with the wage debtor are qualified for maritime lien.One of the essentials of "working on a ship" can adopt the method of the goal interpretation to expand interpretation rationally.Although different courts have different arguments on legal relations of crew dispatch,almost all of them are in support of seaman manning company has the right to claim corresponding maritime liens for payment of wages in advance.The claim secured by the crew's maritime lien,including the main claim and tributary claim,the main claim is based on the fact that the crew is working on the ship in the case of wages,other labor remuneration,crew repatriation costs,social insurance costs.The tributary claim is based on the interests,the damages,and the cost of realizing of the lien.In judicial practice,the ship engaging in illegal activities does not affects the legitimacy of claims,the crew still enjoy the crew's maritime lien.The double indemnity of wage and economic compensation do not fall within the claim secured by the crew's maritime lien and should be excluded.For the performance of the maritime lien,the term of "one year" belongs to the scheduled period and shall be calculated from the date of departure from the ship.Arbitration is a non-essential preprogram.The performance of the maritime lien should conform to the requirements of the statutory procedures,if the parties do not apply for distrain of the ship after the court explain the statutory procedures,the claim for the recognition of maritime lien shall be rejected.The objects to exercise the crew's maritime lien,include ships and ships,the portions of ships and the subrogation of ships.As long as this can achieve the equality of rights of the "most disadvantaged" to realize the effective to protect the crew's rights to life and work.There is a risk of false litigation where the defendant acknowledge what plaintiff assert.The court shall still require the parties to provide evidence or investigate the evidence to support the facts of the case.