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On The Perfection Of The Legislation Of The Legal Protection Of Seafarer’s Right To Rest

Posted on:2022-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:J K HeFull Text:PDF
GTID:2556307040461724Subject:Maritime law
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Since the "Maritime Labour Convention 2006" entered into force for my country,my country’s seafarers’ rights protection has made considerable progress.However,in view of the current practice of the seafarers’ right to rest system,my country’s seafarers’ right to rest still has insufficient rest time and problems such as difficulty in implementing paid leave.The protection of seafarers’ right to rest not only involves the survival and development of the seafarers themselves,but also plays an important role in the safety and development of the shipping industry.In this regard,the state should take the initiative to see the problems in the protection of seafarers’ right to rest and actively respond to them.This article is divided into four chapters:The first chapter first briefly introduces the right to rest.Starting from the development of the right to rest,it is pointed out that the right to rest is a basic human right.Because the right to rest as a basic right has irreplaceable value for individuals and society,in order to protect the right to rest,the state has an active obligation to realize it.And by describing the types of the right to rest,it pave the way for the limited dominance and substitutability of the right to rest.Secondly,it analyzes the particularity of the shipping industry,the characteristics of crew labor,and the value of seafarers’ right to rest.Finally,it proves that the seafarer’s right to rest is different from that of ordinary workers and that it needs special protection.The second chapter first introduces the current status of the seafarers’ right to rest protection system,secondly introduces the current legislative status of my country’s seafarers’ right to rest protection system,and finally analyzes the problems existing in our country’s seafarers’ right to rest protection system.The third chapter,this chapter mainly compares and analyzes my country’s laws and regulations with the "Maritime Labour Convention 2006" and the "Crew Law" of Japan and Taiwan region.Chapter 4,this chapter first explained why we should choose to solve the problem of seafarers’ right to rest through legislation,and then put forward legislative suggestions to improve the seafarers’ right to rest protection system,that is,we should start to formulate the seafarers’ law and labor law to complement the seafarers’ right to rest,and refine the seafarers’ right to rest.Safeguard the content of the system,increase the cost of violations,and make domestic laws more harmonized with international treaties concluded and entered into force.
Keywords/Search Tags:right to rest, rights of seafarer, protection of rights
PDF Full Text Request
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