A Comparative Study on the Legal Regime and Practice Insurance between Alien and China Fishery Workers.

• Main Authors: Sheng-Ghih Lin, 林聖智
• Other Authors: Robert LihTorng Chen
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/69573665746759912386

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 95 === Abstract Taiwan surrounds by ocean, so we have nature advantages to develop fishery. The fishery labor is one of the basic production elements; however, owing to the society environment has changed a lot in these few years, the working conditions and environments of the fishery do not attract young people to join in this environment anymore, so that we got many questions and the labor shortages. The 75% surface of the earth is water; but people use water to make aliment for a long time. Therefore, the highest goal of our fishery development is unending running. Also, how to chase up the fishermen anew to come back to the fishery market is all related authorities have to endeavor with each other. ROC and PRC fishermen cooperation is not only key point on economy and trade, but also the most important link of fishery cooperation between ROC and PRC. In these few years, Chinese fishermen’s rights cannot obtain effective security; besides that, the disputes continually produce under the cooperative relation. Even the unfortunate events happened frequently to the result in the China terminating the cooperation in 2001. Until May 18th, 2006 the Chinese Business Department’s Director, Wu, Shi-Lin, in the ROC and PRC fishery cooperation press conference in Fu-Jou which the Chinese Business Department ageists, announced that both Taiwan and China has signed the “Fishermen Cooperation Agreement” on 30 of April, 2006. Expecting to assign the first fishermen on 19 of May, the key point is to protect Chinese fishermen’s rights exactly. The folk organizations between Taiwan and China had developed negotiation system to make sure following, the lowest salary standard, investment of the casualty and medical insurance, development of the risky guarantee money system, solution of the accident events treating, fishermen complaining system, usage of the unity contract, development of regular announcement system, and a series of specific measures which would request China have to limit assigning both of the Fishery Association and the landlord of Taiwan have to limit employing to ensure Chinese fishermen’s rights to be effective. Part of paragraph in the research describes about Chinese fishermen’s casualty and medical insurance also the insurance differences between Chinese and alien fishermen. Integrated my working experiences and major in school; I focus on the issue to obtain the maximum profit not only to ensure Chinese fishermen’s rights but also practice our national insurance system to make them to be balance and propose related suggestions.