立足现行自由船员外派模式,在全面理解船员外派机构、外方船东、自由船员三方法律关系的基础上,着重研究船员外派机构与自由船员间以“聘用合同”或类似协议订立的合同的法律性质。这种合同不属于劳动合同,也不属于劳务合同,而是一类独立的,兼有居间、委托等多重特性的合同,即船员服务合同。无论是《劳动合同法》中劳动合同的相关规定,还是劳务派遣的相关规定均不适用。 Based on the current free-seafarer assignment mode, on the basis of a comprehensive understanding of the tri-legal relationship between seafarers 'expatriates, foreign shipowners and free seafarers, the study focused on the “contract of employment” or similar agreement between seafarers' expatriates and free seafarers The legal nature of the contract concluded. This contract does not belong to the labor contract, nor is it a service contract, but a type of independent, both intermediary, commissioned and other multiple characteristics of the contract, that crew service contract. Neither the relevant provisions of the labor contract in the Labor Contract Law nor the relevant provisions on labor dispatch apply.