船员人损责任纠纷适用法律之司法考察

Judicial investigation of the applicable law for the disputes of the crew’s liability for damage

船员是航运产业的重要组成部分,因其工作的高风险性,用工期间易发人身损害事故。对船员与自然人船东间的人损责任纠纷进行司法考察,并提出以下观点:船员与自然人船东之间在法律关系上应定性为雇佣关系而非个人劳务关系,应适用《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》,仅在船员故意或重大过失时方能减轻船东的赔偿责任,挂靠经营下企业船东应与自然人船东承担连带赔偿责任。

Seafarers are an important part of the shipping industry.Due to the high risk of their work,they are prone to personal injury accidents during employment.Based on the judicial inspections of human injury liability disputes between seafarers and natural person shipowners,the study believes that the legal relationship between the crew and the natural person shipowner should be characterized as employment relationship rather than personal labor service relationship,and the 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 should apply.The shipowner’s liability can only be reduced when the crew has intention or gross negligence.The shipowner of the enterprise shall bear joint liability with the natural person shipowner in the operation of affiliation of ship.