A Study On The Legal System Of American Seafarer Discharge Protection For Reference To China

With the development of shipping industry,more and more countries pay attention to the protection of seafarers’ labor rights and interests.Due to the characteristics of seafarers’ maritime labor,seafarers’ dismissal protection has its particularity compared with general workers,which is mainly reflected in the complexity of dismissal causes,the lack of timely administrative intervention,and the particularity of the relief after dismissal.Therefore,seafarers deserve a higher degree of legal protection when it comes to dismissal protection.Since there is no separate seafarer law in China,the existing seafarer regulations take administrative management as the main purpose,and the protection of labor rights and interests related to seafarer dismissal is limited to provisions on the right of repatriation,and the legal application of seafarer dismissal protection is no different from that of ordinary workers,which is still limited to general labor legislation.As a traditional shipping power,the United States has perfected its legislation on seafarers.Although the United States is a country with the principle of freedom of dismissal,it has made stricter provisions in both substantive law and procedural law regarding the protection of crew dismissal.The legitimacy of the judicial practice in the United States for the crew fired judgment has always treated the crew on more tolerant attitude,outside the fire crew regulation in the United States consular participation system,ensure the wage payment,after the crew fired repatriation rights,illegal dismissal compensation,etc,have made strict rules,overall in the crew to fire protection,the American legal system integrity,protect the comprehensive characteristics.Based on the analysis and discussion of the legal system for the protection of the dismissal of sailors in the United States,this paper puts forward relevant suggestions on the legal level based on the reality of our country.In addition to the introduction and conclusion,the body part is divided into four parts.The first part defines the concept of dismissal protection as a logical starting point to discuss the relationship between termination protection and labor contract,analyzes the legal nature of termination protection,and concludes that termination protection has a combination of public and private law,and the nature of the combination of substantive law and procedural law.After analyzing the meaning of the legal system for the protection of crew dismissal which is the main research object of this paper,it is concluded that the legal system for the protection of crew dismissal mainly includes the cause of crew dismissal,the procedure of crew dismissal and the relief of special rights after crew dismissal.The second section analyzes the particularity of seafarers’ maritime labor,and concludes that seafarers’ dismissal protection has particularity compared with general workers,which needs more attention from the law.The second part introduces the substantive law and procedural law related to the protection of crew discharge in the United States.Substantial law mainly includes the American law on wrongful dismissal of sailors,the statutory provisions on retaliatory dismissal of sailors,the provisions on damages under unlawful dismissal of sailors,and the judgment criteria of case law on the justification of dismissal of sailors.In the aspect of procedural law,it mainly introduces the administrative supervision and intervention of the US consuls in the dismissal of seafarers from outside the territory,discusses the performance means of the US consuls in investigating the justification of the dismissal of seafarers,and analyzes the important functions and roles of the US consuls in safeguarding the labor rights and interests of seafarers before and after dismissal of seafarers.It is concluded that the legal system of the protection of crew dismissal in the United States has the characteristics of complete system and comprehensive protection.The third part mainly analyze my crew fire protection legislation present situation,because our country at present there is no single method of crew,the crew ordinance and crew in the fire protection principle is limited to the part of the related regulations and the provisions of the crew repatriation to so crew fire protection related legislation in our country as the "labor law","labor contract law" and other labor legislation.This section of laborers in labor legislation in our country’s dismissal for firing procedures such as fire protection related content,as well as the crew ordinance crew repatriation in right analysis discussion,summed up China’s crew fire protection law system is difficult to into system,is not unified,the dismissal stipulated is insufficient,lack of administrative intervention,fire relief,not in time for unlawful dismissal liability shall not targeted.The fourth part through to our country and the United States the crew to fire protection in the crew development history,the judicial practice,the crew fired regulation legislation mode,this paper compares and analyzes the difference of the draw draw lessons from the crew fired protection system in our country although has the necessity and feasibility,but should be combined with domestic actual situation,selective reference part of the crew fired protection legal system.Finally,in view of the current legal system in our country is difficult to adapt to the special needs of the crew to fire protection,the Suggestions to consummate the crew fired stipulated,improve the crew fired administrative procedures,and increase regulations prohibit retaliatory fire crew,considering subjective vicious and harmful consequences targeted increase legal responsibility and so on illegal fired crew perfecting suggestion.