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Research On The Legal Relief For College Interns Injured At Work

Posted on:2016-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2297330479986009Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Nowadays internship organized by college is an important part to improve students’ practical ability,but also an effective way for enterprises supplementing labor.College Students’ internship is divided into two forms:teaching internship and post internship.In the case of teaching internship,the relationship between students and internship units is an educational management relations,but the relationship caused by post internship is particular, which has always been co ntroversial of labor relations and civil relations.In practice, college interns often suffer personal injury but relief difficult.The reason is that there is no unity laws and regulations in our country to protect student interns.At the same time,existing labor laws and regulations are imperfect,the absence of legislation lead to the following problems in the existing relief way.Deal with chaos around the current judicial practice, there is no unified standard.The employment injury insurance benefits is blocked because they can not identify labor relations between college interns and internship units;There are difficulties of proof in tort cases,fault liability resulting in a negative relief;It’s difficult to pursue breach of responsibility when internship agreement does not regulate;Practice liability insurance for students is not mature and the applicable scope is small.In foreign countries,college interns has rich sound special laws and regulations, they are included in the scope of insurance occupation harm and their employee identity affirmed.On the basis of the experience of foreign advanced system, Suggestions for improvement in the following several aspects:setting college interns’ special laws and regulations;improving the content of the existing labor laws and regulations.Post Internship students should be incorporated into the employment injury insurance,and design suitable injury insurance system for interns.perfecting interns civil relief way through reduce the burden of proof tort and standardize internship agreement signed form and content.To strengthen the implementation efforts of practice liability insurance by enforcing practice liability insurance and expanding the scope of application.Supporting measures to improve college students’ internship, give full play to the government,colleges and internship units three party strength, establish and improve the internship system.
Keywords/Search Tags:Post internship, Personal injury, Legal relief
PDF Full Text Request
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