Study On Compensation System Of Chinese Seafarer’s Personal Injury

Seafarer plays an important role in the development of Marine economy,it is a decisive force in the shipping capacity of our country,and its profession is highly professional,risky and arduous.Although our navigation technology and management methods have made great progress,with the gradual prosperity of shipping industry,more and more frequent navigation activities,the frequency of personal damage accidents during the ship’s crew is also more and more high.Personal rights and interests as the fundamental rights and interests of human survival,although it is difficult to completely recover when infringed,so monetary payment is the most basic way of relief in the case of personal damage to the crew.Since the reform and opening up in our country,our system of compensation for personal damage has been continuously improved.However,with the changes of objective conditions and social environment,the difference between crew and land staff becomes more and more difficult to ignore.However,our country doesn’t have special legislation against crew.The compensation system for personal damage to the crew as an important system of relief for the crew,in our current legislation,there are deficiencies such as imperfect legal system,strong principles of laws,weak targeted content,and so on,unable to fully protect the crew when suffering personal damage can obtain highly effective and complete compensation.In the judicial theory and practice circle,there are still many opinions on the compensation system for personal damage of seafarers.Therefore,based on the value of seafarers in society and the basic principle of human rights protection,it is necessary and urgent to study the compensation system of seafarers’ personal damage.In order to protect the rights and interests of sailors and promote the steady development of maritime economy,we should improve the legal system related to the rights and interests of sailors.Based on the existing legal system of our country,combined with the introduction of the Civil Code to the renewal of law failures,in the judicial practice as the focus of the problems displayed,combined with the legal theory and the legislative trend,based on the perspective of the protection of rights and interests of the weak,from the legal relations of personal damage compensation for sailors,the subject of the action,the selection of cause of action,the competition and cooperation of the right to claim study.This paper analyzes the deficiencies of our system of compensation for personal damage to sailors and proposes concrete suggestions on improving our system of compensation for personal damage to sailors.This paper is divided into four chapters.The first chapter is "Seafarers personal damage compensation related concepts and connotation".Firstly,based on the summary and analysis of the concept of seafarers in various countries,the scope of seafarers discussed in this paper is clarified,and according to the introduction of different employment modes under the seafarers labor market,the seafarers are classified.Then,the legal meaning of personal compensation for seafarers is explained.On this basis,the classification of personal compensation for seafarers is sorted out according to different standards.The second chapter,"Current Legal Provisions on Compensation for personal damage of Seafarers",sorted out the main effective laws and regulations in China,systematically introduced the legal system of compensation for personal damage of seafarers in China from two aspects of domestic legislation and international treaties,summed up the characteristics of the legal system of protection for personal damage of seafarers,and paved the way for the discussion in the following paper.The third chapter is "Case Study of Compensation for Personal damage of Seafarers".Firstly,through the analysis of 94 judgments,combined with the existing laws and regulations,the general characteristics of Chinese cases of personal damage of seafarers are summarized.Secondly,From four aspects of legal relationship qualitative,subject identification of right and obligation,selection of prosecution cause and competition of request right in cases of personal injury of the crew,the theoretical and practical problems emerged in cases of personal injury of the crew are analyzed,and the ambiguities from the application of relevant Chinese laws in practice are summed up and the problems in the application of the dispute system of personal injury of the crew are expounded.The fourth chapter "Deficiencies in the Compensation System for personal injury of Seafarers in China and suggestions for Improvement",based on the analysis of relevant theories and the study of 94 judgments,summarizes the deficiencies of the current system for personal injury of seafarers in the legal system,the identification of vague legal relations and the unclear status of the seafarers’ assignment agency.In view of these three deficiencies,this paper puts forward three suggestions on speeding up the legislation of seafarers,clarifying the legal relationship of seafarers’ contracts and refining the rights and obligations of the dispatched agencies.