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Compensation for personal injury damages crew study the legal system

Author: ChenJing
Tutor: ChenLiang
School: Fudan University
Course: Legal
Keywords: Seafarer personal injury compensation
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 409
Quote: 5
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Abstract

Shipping industry plays an important role in international trade. In spite of reduction of the risks in shipping industry with the advances in navigational technology, the seafarer is still classified as one of the world’s top ten most dangerous professions. The cases involving personal injury of the seafarer occur from time to time. It is of great significance for the protection of the seafarer’s interest and the long-term sound development promotion of shipping industry to deal with the issues on the seafarer’s personal injury effectively. ILO passed Maritime Labor Convention in 2006, which marked a new era. China issued Regulation of the People’s Republic of China on Seamen in 2007, which was a solid step forward to protecting the seafarer’s interest. However, due to the lack of the Seafarer Law, there are no uniform and effective standards but some relevant provisions throughout a number of laws and regulations and judicial interpretations in dealing with the cases of the seafarer’s personal injury compensation, which brings great inconvenience in judicial practice.In this paper, a comprehensive analysis is made about the issues on the seafarer’s personal injury compensation from the perspective of the concept of seafarer and that of the seafarer’s personal injury compensation, relevant laws, principles of imputation, options of cause of action, subject of the right, subject of the liability, relationships with a wide range of insurances, extents of compensation, etc. based on which, some individual opinions and suggestions are given for reference.In Chapter One, the concept of seafarer and that of the seafarer’s personal injury compensation are clearly defined. The relevant provisions of the seafarer’s personal injury compensation in China at present are summarized systematically.Chapter Two discusses principles of imputation and options of cause of action. Principles of imputation in two respective situations caused by torts and breaches of contract are discussed. And options of cause of action - torts and breaches of contract are compared.In Chapter Three, issues on subjects of the right and the liability are discussed. The subjects of the right for the seafarer’s personal injury compensation include the injured seafarer and his close relatives and dependents. Assignment agency can not be the subject of the right. Issues on the subject of the liability are discussed as follows. First of all, "ship owner" is identified under different operation modes as an important subject of the liability. Secondly, the liabilities of foreign ship owners and assignment agency in the situation involving the seafarer assignment are focused. Finally, the qualification of P. & I. Club as the subject of the liability for the seafarer’s personal injury compensation is discussed.In Chapter Four, employment injury insurance, P&I insurance and commercial insurance are introduced. And their relations to the seafarer’s personal injury compensation are discussed respectively.Chapter Five discusses the respective extents of compensation for general personal injury, disability and death in accordance with Regulation on the Supreme People’s Court of some Issues Concerning the Trial of Overseas Personal Injury Compensation and Interpretation of the Supreme People’s Court of some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury. Moreover, the issues of compensation for moral damage and limits of liability are investigated.

Compensation for personal injury damages crew study the legal system

Abstract

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