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目前我国的船员总数已达到50万人,居世界首位。丰富的船员资源已经使我国成为世界十大船员输出国之一,外派船员规模在4万人左右。随着我国国际地位的提高和海运业的发展,对外经济交往的加深,船员外派规模不断扩大。外派船员业务涉及到外经贸部门、劳动保障部门、工商管理部门、交通运输部门、海事管理部门等多个部门,而我国现有法律框架下缺乏针对外派船员业务的专门立法。因而理清外派船员法律关系,分清外派船员、船员服务机构、境外雇主之间的法律关系,是解决外派船员业务各项工作的基础,对于保护船员这一特殊群体利益,促进外派船员劳务产业健康发展,具有十分重要的意义。以下笔者对此做一探讨。
At present, the total number of our crew has reached 500,000, ranking first in the world. Rich crew resources have made our country one of the world's top 10 crew exporters, with crew of about 40,000. With the improvement of China's international status and the development of the maritime industry, the deepening of economic and foreign exchanges has continuously expanded the scale of crew assignment. The assignment of seafarers involves various departments such as foreign economic and trade departments, labor and social security departments, industrial and commercial administration departments, transportation departments and maritime administration departments, and there is no specific legislation for the assignment of seafarers under the current legal framework in our country. Therefore, to sort out the legal relations of crew members assigned, and to distinguish the legal relations between crew members, crew service agencies and overseas employers, is the basis for resolving the various tasks of crew assignment and to promote the assignment of crew members for the benefit of this special group The healthy development of crew labor service industry is of great significance. The following author to discuss this.