论船舶优先权制度建构下的船员权益保护

On the Protection of Crew’s Rights and Interests under the Priority Claim to Seagoing Ships

在我国现行的海商法制度建构下,船员基于劳动合同而产生的工资与福利请求被置于船舶优先权所担保的海事请求的首位,但是,在海商法制定当时,由于历史条件的限制,对船舶优先权所担保的船员工资与福利请求的规定应如何适用,则存在诸多模糊之处,故必须在理论上加以澄清,以达到正确适用法律之目的。

Under the current system of maritime law in China, crew＇s claims to wages and benefits as provided in the labor contract, have been put in the first place among all maritime claims secured by the priority claim to seagoing ships. However, owing to the historical limits in the time when maritime law was enacted, it was quite ambiguous in relation to the way the provi- sions concerning crew＇ s claims to wages and benefits secured by the priority claim to seagoing ships should be applied. Accordingly, efforts are needed in theoretical studies so as to guarantee a proper application of the law.