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两岸民间渔业对口机构自2006年以来协议形成的对台渔工(也称渔船船员,以下统称渔工)权益救济模式,已经日后的《海峡两岸渔船船员劳务合作协议》(以下简称《两岸渔工协议》)加以确认与延续。两岸协议将渔工在受雇期间因意外事故而死亡、失踪或伤残等转化为人身意外保险责任,实际上排除了雇主无过错责任之归责原则的适用。1两岸之间的这种渔工权益救济模式从区际惯例到区际协定一路演变,司法个案依法均应优先予以适用,以切实保障两岸协议的有效实施。
The relief contract for fishermen (also referred to as fishing boat crew, hereinafter referred to as fishermen) formed by the counterpart agencies of cross-Strait folk fisheries since 2006 has already reached the agreement on labor service cooperation between fishing vessels and crew members across the Strait (hereinafter referred to as the “Cross-Strait Fisheries Agreement ”) to be confirmed and renewed. The cross-Strait agreement replaced the accidental death, disappearance or disability, etc. of the fisherman with personal accident insurance during his employment, virtually eliminating the application of the principle of liability of the employer without fault. 1 This pattern of relief for fishermen’s rights and interests between the two sides of the Taiwan Strait has evolved from interregional conventions to inter-regional agreements. Judicial cases should be given priority in accordance with the law in order to effectively guarantee the effective implementation of cross-Strait agreements.