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根据《海峡两岸渔船船员劳务合作协议》,两岸渔船船员劳务合作涉及到四方法律关系主体,各主体之间的法律关系比一般的国内劳务派遣、乃至一般外派劳务关系更为复杂,尤其是根据协议附件规定的契约内容,协议规范的劳务合作法律关系能否被定性为多数人所认为的劳务派遣法律关系值得商榷。由此,对各方法律关系以及权利义务的相关变化应当引起注意,通过比较分析明晰涉台船员外派法律关系的性质、法律适用是探求更好保护涉台船员权益的基础。
According to the Agreement on Cooperation in Work between Fishing Vessel Crew Members across the Taiwan Strait, the labor cooperation between fishing vessel crew across the Taiwan Strait involves the main body of the legal relationship among the four parties. The legal relationship between the various parties is more complicated than the general domestic labor dispatch and even the general assignment of labor services. In particular, The contents of the contract as stipulated in the annex of the agreement and whether the legal relationship of the service cooperation as regulated by the agreement can be characterized as the legal relationship that the majority of people think the labor dispatch is questionable. As a result, attention should be paid to the legal relations of all parties and the related changes in rights and obligations. By comparative analysis, the nature of the legal relationship of crew members dispatched with Taiwan should be clarified. The application of law is the basis for seeking better protection for the rights and interests of the crew involved in Taiwan.