论船员工资船舶优先权的行使

船舶优先权是海商法赋予某些海事债权人的一种特权。船员工资及其他待遇列在船舶优先权的第一项。但在航运实务中,船舶所有人拖欠船员工资的现象时有发生。针对船员各种待遇的界定、船员劳务合作公司的法律地位、船员申请扣船、船舶优先权消灭时效等几个方面如何行使船员工资船舶优先权进行了分析,并提出了处理意见。

On the Enforcement of Maritime Lien Relating to Crew Wages

Maritime lien is a franchise given to particular maritime creditor by the CMC(Chinese Maritime Code), in which the wages and other treatments of the crew are set on first. Although it is clear to see that the legislature takes the right and behalf of the crews into account, in default on payment by the ship owners is still very common in practice. After discussing the circumscription of the crew抯 treatments, the legal state of the manning company, arresting the ship by the crew and the period of validity of maritime lien, this paper expounds some perspective which may give relevant parties a reference in respect to this issue.