A Study Of Canadian Seafarer Legal System

As one of the world’s major maritime countries,Canada’s domestic and foreign trade is mainly based on maritime transportation,and its unique geographical and human conditions have created a set of logical and rigorous maritime legal system for Canada.Therefore,through the study of Canadian seafarer legal system,it can provide reference for the construction of China’s seafarer legal system.This thesis examines the Canadian seafarer legal system and the protection of seafarers’ rights using both textual and comparative analysis.Through the analysis of the Canadian seafarer legal system,a systematic understanding of the seafarers’ rights protection system is established,and it is found that the seafarer’s rights protected by the Canadian seafarer law focus on the realization and supervision of the basic rights,while satisfying the seafarers’ work needs as much as possible.The first part analyzes the relevant concepts in the Canadian seafarer legal system,the evolution of domestic seafarer legislation and the influence of international treaties on its legislation.Firstly,the connotation and extension of the concept of seafarer are clarified,and the concept of ship and ship owner is defined.Secondly,the evolution of Canada’s domestic seafarer legislation and the impact of international treaties on seafarer legislation are collated to more fully understand the origins and changes in Canada’s seafarer legal system.The second part examines the relevant elements of Canadian seafarer legal system.Firstly,it clarifies the unique Canadian concepts of seafarer guardianship,seafarer guardianship,and the concept of marine service apprenticeship as opposed to marine stewardship.Secondly,it summarizes the special features of Canadian seafarer labor contracts in the context of the special features of maritime labor and the related seafarer legal system.At the same time,by analyzing the relevant legal system in Canada,we summarize the working conditions,pay and benefits,working hours and leave,and meal service on board for seafarers.Finally,we will analyze the remedies and the protection of Canadian seafarer’ rights in the context of Canada Labour Code and Maritime Labour Convention 2006 in relation to compensation for injury or death and social security.The third part analyzes the characteristics of the Canadian seafarer legal system,mainly from two points of legislative technology and content overview.Firstly,in terms of legislative technology,the Canadian seafarer legal system is characterized by two features: a high degree of scientificity and a high degree of practicality of legal norms.In terms of the content of the legislation,the five characteristics of Canada’s seafarer are clearly defined,the prohibition of intermediate exploitation,the distinctive color of sovereignty,the comprehensive subjects of application of Canadian domestic law and the special union protection organization,to provide corresponding reference for the development of Chinese seafarer legal system.The fourth part analyzes the current situation and problems of the legislation on the protection of seafarers’ rights in China and drawing on the successful experience and system in Canada’s seafarer legislation,we proposed that protection of seafarer’s rights in China can be improved accordingly from three aspects: improving legislation system,unifying monitoring procedures and optimizing complaint system,to adapt our seafarer legislation system to the economic development of the international maritime industry.