船员法律保护若干问题研究
发布时间：2018-08-03 21:12
【摘要】：我国是航运大国,航运业在我国国民经济中占有重要地位。可以这么说,我国海运业的发展对我国的对外贸易的发展和国民经济的健康运行有着重大影响,而船员作为海运业第一线的工作者,是船舶运输行业的最主要的劳动者,在海运生产中起着十分重要的作用。另外,船员也通常被认为是我国海军的重要后备力量之一,在海上防卫方面也会起到相当重要的作用。从公共政策的原则考虑,保护船员这一群体的合法权益有重要意义:此种保护不仅保护了船员本身的权利,而且也能够服务于我国的公共政策,即使是船东也正是依赖于从事这一职业的人们而最终获益。 但是,由于受我国传统计划经济的影响,目前我国调整船员权利义务关系的法律规范大都散见于有关的法律、法规和规章中,基本上是以单行的规范性文件的形式出现,并且只有管理性的规定比较健全,涉及劳动合同、劳动保护、社会保障等方面的内容则非常零散而且也不全面,即使1993年颁布的《中华人民共和国海商法》也只是以几个简单的条文对船员的任用资格及船长的职责权限做出了原则性的规定,长期以来都是中国远洋运输公司的《船员管理条例》起着《船员法》的作用,目前为止我国仍没有制定专门的船员法来保护这一特殊主体的利益,使得我国现有的有关船员权利和义务的规范已经远远不能适应现实的需要。加之航运事业固有的艰苦性和风险以及我国社会正处于转型期等原因(尤其是九十年代后期以来,海员工资和岸上工资差距的急剧缩小),船员职业已经没有足够的吸引力,以致愿意从事船员职业的人们大幅减少,大批优秀的高级船员也在不断的流失。 然而船员职业又完全不同于陆地上普通职业:从事这一职业的人们不但需要系统的知识培训,还需要良好的心理素质、身体素质和长期的经验积累,尤其对一名高级船员的成长而言,更是需要多年的实践和不断的学习、培训。因此,在我国航运业不断发展壮大的今天,要维持一支优秀而稳定的船员队伍,我国政府不但需要做出长远的规划,而且需要及早制定和完善的各项政策和法律法规来保障。 为此,本文将从船员劳动合同的有关规定、船员社会保障和船员劳务输出等方面出发,同当今世界各国现行的法律法规进行比较,并且主要是同各国劳动法的相关规
[Abstract]:China is a big shipping country, and the shipping industry plays an important role in our national economy. It can be said that the development of China's maritime transport industry has a major impact on the development of China's foreign trade and the healthy operation of the national economy, and the crew, as the frontline workers in the maritime transport industry, are the most important workers in the shipping industry. It plays a very important role in shipping production. In addition, the crew is usually regarded as one of the important reserve forces of our navy, and also plays a very important role in maritime defense. Considering the principles of public policy, it is important to protect the legitimate rights and interests of crew members: such protection not only protects the rights of crew members themselves, but also serves the public policy of our country. Even shipowners ultimately benefit from relying on the people in this profession. However, due to the influence of China's traditional planned economy, at present, most of the legal norms regulating the relationship between the rights and obligations of crew members in our country are scattered in the relevant laws, regulations and rules, basically appearing in the form of separate normative documents. Moreover, only the provisions of management are relatively sound, and the contents relating to labor contracts, labor protection, social security, etc., are very scattered and not comprehensive. Even though the Maritime Law of the people's Republic of China promulgated in 1993, it only stipulates in principle the qualifications of crew members and the duties and powers of masters in several simple articles. For a long time, the regulations on crew management of China Ocean Shipping Company have played the role of "crew Law". So far, China has not formulated a special crew law to protect the interests of this special subject. The existing norms of crew rights and duties in China are far from meeting the needs of reality. Coupled with the inherent hardship and risks of the shipping industry and the fact that our society is in a period of transition (especially since the late 1990s, when the gap between seafarers' wages and shore wages shrank sharply), the seafarers' profession has become less attractive. As a result, the number of people willing to engage in the crew profession has decreased dramatically, and a large number of good officers are constantly losing. However, the occupation of crew is completely different from the ordinary occupation on land: the people in this profession need not only systematic knowledge training, but also good psychological, physical and long-term experience. Especially for the growth of an officer, it takes years of practice and continuous learning and training. Therefore, in order to maintain an excellent and stable crew, our government not only needs to make long-term plans, but also needs to formulate and perfect policies and laws and regulations as soon as possible. Therefore, this article will start from the relevant provisions of the crew labor contract, the crew social security and the crew labor service export and so on, carries on the comparison with the current laws and regulations of various countries in the world, and mainly with the relevant regulations of the labor law of various countries.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294
本文编号：2163011
[Abstract]:China is a big shipping country, and the shipping industry plays an important role in our national economy. It can be said that the development of China's maritime transport industry has a major impact on the development of China's foreign trade and the healthy operation of the national economy, and the crew, as the frontline workers in the maritime transport industry, are the most important workers in the shipping industry. It plays a very important role in shipping production. In addition, the crew is usually regarded as one of the important reserve forces of our navy, and also plays a very important role in maritime defense. Considering the principles of public policy, it is important to protect the legitimate rights and interests of crew members: such protection not only protects the rights of crew members themselves, but also serves the public policy of our country. Even shipowners ultimately benefit from relying on the people in this profession. However, due to the influence of China's traditional planned economy, at present, most of the legal norms regulating the relationship between the rights and obligations of crew members in our country are scattered in the relevant laws, regulations and rules, basically appearing in the form of separate normative documents. Moreover, only the provisions of management are relatively sound, and the contents relating to labor contracts, labor protection, social security, etc., are very scattered and not comprehensive. Even though the Maritime Law of the people's Republic of China promulgated in 1993, it only stipulates in principle the qualifications of crew members and the duties and powers of masters in several simple articles. For a long time, the regulations on crew management of China Ocean Shipping Company have played the role of "crew Law". So far, China has not formulated a special crew law to protect the interests of this special subject. The existing norms of crew rights and duties in China are far from meeting the needs of reality. Coupled with the inherent hardship and risks of the shipping industry and the fact that our society is in a period of transition (especially since the late 1990s, when the gap between seafarers' wages and shore wages shrank sharply), the seafarers' profession has become less attractive. As a result, the number of people willing to engage in the crew profession has decreased dramatically, and a large number of good officers are constantly losing. However, the occupation of crew is completely different from the ordinary occupation on land: the people in this profession need not only systematic knowledge training, but also good psychological, physical and long-term experience. Especially for the growth of an officer, it takes years of practice and continuous learning and training. Therefore, in order to maintain an excellent and stable crew, our government not only needs to make long-term plans, but also needs to formulate and perfect policies and laws and regulations as soon as possible. Therefore, this article will start from the relevant provisions of the crew labor contract, the crew social security and the crew labor service export and so on, carries on the comparison with the current laws and regulations of various countries in the world, and mainly with the relevant regulations of the labor law of various countries.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294
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