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From interregional practices to interregional agreement:legal determination of the relief pattern of the mainland fishermen working on the fishing boats of the Taiwan region——including the discussion on the judicial protection for the implementation of t
Pages: 53-59
Year: Issue:  3
Journal: Annual of China Maritime Law

Keyword:  cross-strait agreement on the cooperation of fishermen’s labor serviceinterregional agreementthe judicial safeguardrelief pattern;
Abstract: The mainland fishermen’s relief pattern as formed by the corresponding agencies of folk fisheries on both sides of the Taiwan Strait since 2006,has been confirmed and continued in the latest cross-strait agreement on the cooperation of the mainland fishermen’s labor service. This pattern converts the fishermen’s accidental death,missing,or disability during the employment to personal accident insurance liability,and actually rules out the application of employer’s imputation principle of no fault liability. Although the relief pattern has evolved from interregional practices to interregional agreement,it should yet be preferentially adopted in the judicial practice in accordance with the law,so as to ensure the effective implementation of the cross-strait agreement.
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