The Research On Guaranteed Mechanism Of Seafarers’ Repatriation In China

According to official data from Maritime Safety Administration,by the end of 2020,our country has owned 126,800 water transport ships and a total of about 592,900 seafarers on international sailing ships.As a large number of labor groups,seafarers need special protection for their labor rights and interests.The repatriation of seafarers is the embodiment of labor rights and interests.It is also an important human right related to seafarers’ overseas survival and health.The Maritime Labour Convention 2006,known as the "Bill of Seafarers’ Rights",has provided specific guidelines for the repatriation.It requires States parties to make detailed provisions in domestic law with the Convention as a minimum standard to strengthen the protection of seafarers’ repatriation.This paper focuses on the guarantee mechanism of seafarers’ repatriation,through comparing between China and foreign countries,and studying the legislative regulation system,judicial system and supporting system respectively,to promote the protection of the repatriation.The research on the guaranteed mechanism of repatriation is conducive to safeguarding the vital interests of seafarers,enhancing the sense of happiness,and reversing the declining trend of seafarers’ professional appeal in recent years.It also helps to build a high-quality seafarers’ team and enhance the competitiveness of Chinese shipping industry,and ensure the stability of the supply chain.At the same time,we can also use the revision of law to promote the improvement of our crew legislation system,and to meet the requirements of further implementation of the Convention.Apart from the introduction and conclusion,this paper consists of four chapters.The first chapter gives a theoretical overview of repatriation,which is the core of the protected mechanism of repatriation.Firstly,this chapter clarifies the relevant definitions,and analyzes the necessity of exploring and improving the protection mechanism of repatriation from four perspectives.Secondly,it analyzes the legal attribute and particularity of crew repatriation right.Finally,it analyzes the subject,object and content of the legal relationship of repatriation.The second chapter analyzes the current situation and legal dilemma from three aspects,including legislative regulation,judicial relief and supporting system.First of all,through the study of the current situation of legislation,the paper analyzes the imperfect legislation system and specific provisions of repatriation in our country.Secondly,through the study of judicial cases in the past six years,it analyzes the disputes on repatriation costs,application of law and rules of evidence at the level of judicial relief.Finally,this paper analyzes the shortcomings of our country’s system construction from the shift change and the financial guarantee system.The third chapter makes a comparative analysis of international conventions and foreign laws on the issues raised in the second chapter.This chapter firstly compares the legislative system,which is divided into two aspects: the legislative system and specific legal provisions.In terms of the legislative system,the United Kingdom,Singapore,and Japan are selected for comparison.From the perspective of specific legal provisions,this section introduces the 2006 Maritime Labor Convention,a fundamental international convention.Secondly,it compares the shift change system and financial guarantee system between other countries.Finally,it proposes the reference of other countries’ repatriation guarantee mechanism to our country from the construction and connection of the guarantee mechanism through the comparison of the above two levels.The fourth chapter puts forward reasonable suggestions in view of the legal dilemma analyzed in the second chapter and the reference to foreign law in the third chapter.The legislative work should be promoted,and the legislative system of seafarers’ protection.On this basis,our country should promote the unification of the judicial work scale and improve the construction of the relevant supporting system of repatriation.