论海盗劫持案中船员赎金支付责任

尽管自2008年以来，国际社会一直在加强对索马里海域的护航，然而，仍时有商船被海盗劫持，并且大多数船舶劫持事件最终都以向海盗支付赎金的方式得到解决。海盗赎金尤其是其中的船员赎金部分的性质以及损失的责任承担者却一直存在争议。厘清船员赎金存在的上述问题，对保护船员权益无疑具有重要意义。根据有关船员国际公约、国内立法以及法理，支付船员赎金是一种合法行为，其应属于船员遣返费用之一部，依法应由船舶用人单位承担，船旗国、船员国籍国或船员被遣返地国家应对其履行该责任予以必要的监督，必要时，国家应预先垫付船员赎金的费用。

The liability to Pay the Ransom for Crewmen Hijacked by Piracy

The international community has been taken more strict measures to combat piracy , Since 2008, however , many merchant ships still been hijacked by piracy, and most of these ships were rescued by pay the ransoms. There are different opinions about the nature of ransom, one of the most argumentative is the pay for crews and the duty holders of this sacrifices. It is important for protection of the crews＇ fights and interests by clear those mentioned above. It is a legal act to pay the ransom for crew according to related international treaty , national law and jurisprudence, and the ransom should be part of the cost of crews repatriation, which should be undertaken by related shipping employers , the flag State, the State of nationality of the seafarer or those countries where crew were repatriated should take some supervisory measures to make sure the fulfillment, and if necessary, these states shall undertake the cost of ransom for crew in advance.