商用无人船岸基操作人员法律地位的厘清

Clarification of Legal Status of Shore-Based Operators of Commercial Unmanned Vessels

摘要: 商用无人船航运技术快速发展，岸基操作人员法律地位问题学界已有讨论，人员一体化讨论与缺乏系统完整的概念界定不利于岸基操作人员法律地位的真正厘清。本文基于目前岸基操作人员的权责范围，将其分为航行操作、动力保持、无线电通讯、船舶维护人员。笔者将各类岸基操作人员同国际海事条约与各国法律船员定义条款进行形式与实质对比，岸基操作人员形式上具有船员法律地位，船舶配员、船舶避碰、劳工保障等方面在实质适用上仍有冲突，这些问题需要通过调整原有海事法律规定或制定新规范来解决。

Abstract: With the rapid development of commercial unmanned vessel shipping technology, the legal status of shore-based operators has been discussed in the academic community. The integration discus-sion and lack of systematic and complete definition are not conducive to the clarification of the legal status of shore-based operators. Based on their current scope of power and responsibility, this pa-per divides shore-based operators into navigation operator, power maintenance operator, radio communication operator and ship maintenance operator. Writer will compare the features of all kinds of shore-based operators with the terms about definition of seafarer from international mari-time treaty and national maritime law. The legal status of shore-based operator conforms to the definition of seafarers formally, and there are still some application problems, such as ship collision, minimum safe manning, labor security, which need adjustment of original law or new legislation to solve.