The Legal Improvement Of Work-related Accident Relief In The Course Of Internship For College Students

With the continuous advancement of China's comprehensive deepening reform and the continuous development of the market economy,China's educational cause has made unprecedented achievements.The number of college graduates is increasing year by year,and the employment pressure is increasing constantly.Therefore,it is very important for college graduates to gain work experience through internship in order to be better in job hunting.However,in real life,due to the unclear legal status of college interns,the unclear division of responsibilities between schools and internship units,and the imperfect laws and regulations in China,college interns cannot get quick and effective relief when they are injured in work.Under the current legal system,the university intern there are two ways to realize the personal damage compensation: one is according to the relevant provisions of the tort liability act,filed a civil lawsuit to a people's court,compared with inductrial injury the no-fault liability,general tort principle of fault liability,according to the fault of interns,school and internship units to allocate responsibility.In civil cases,it requires "the person who claims the evidence".In reality,due to their own weakness,college interns find it difficult to present evidence in their favor,leading to difficulties in safeguarding their rights.However,China's "Labor Law" and "Social insurance Law" provisions,only with the employer to form labor relations workers can enjoy the treatment of industrial injury insurance,and the law does not define college interns as workers,so college students in the work of their rights when injured is difficult to get relief.In recent years,more and more college interns have been injured in work during their internships.Therefore,it is urgent for us to formulate supporting policies,laws and regulations to protect the rights and interests of college interns,so as to ensure that this huge group can smoothly transform from campus to society,serve the society and serve the country.This paper mainly discusses the legal perfection of college interns' work-related injury relief through three parts.First of all,this paper introduces the treatment methods of college interns' work-related injury in China,and points out the main problems existing in college interns' work-related injury relief according to the differences of treatment methods.Secondly,the causes of the problems are analyzed,mainly from the theoretical and practical levels.In theory,due to the absence of relevant legislation,interns' legal status is unclear and the existing legal provisions are not perfect.In practice,there is a wide gap between the trial basis and trial results of the courts in various regions.Finally,we should improve the existing laws and regulations and carry out pertinent legislation in view of the fact that college interns in China cannot get effective relief due to work-related injuries.