海盗劫持后海员维护权益案例分析

How to safeguard seafarers' rights legitimately after pirates' hijack

在船舶被海盗劫持后,船东积极开展营救工作,终使船员获释,这些并不能影响船员依法维护案情申请人C称：其于2010年5月26日登上T公司所属的船舶＂G轮＂任职大管轮。

Through analyzing a case happened in 2010,the paper discusses the way to safeguard seafarers' rights legitimately after pirates hijacked them.The crew,whether spiritual or psychologically,were under more pressure and face more serious life and health risks after being hijacked by pirates.When disputes happened to the understanding of the terms of opened telegram,Company A should determine its formal meaning according to the words of the surface meaning and purpose expressed by it,according to the principle of common sense and in line with the principle of good faith.Company A should not abuse the so-called interpretation rights and make the company's own explanation for itself arbitrarily.Whether Company A regards that the crew are 'detained' or 'stay' when hijacked by pirates,from the context required,purpose understood or explained,under the condition of no express rejection of not enjoying subsidies during the case of being hijacked by pirates,the defense views of Company A should not be supported.