Study On Legal Problems Of College Students' Part -time Internship In Civil And Commercial Law

With the severe employment situation and the diversification of social activity, college students' part-time internship become more and more popular in our society. However, the college students' labor rights infringement ofen occur due to the lack of social experiences and imperfect legal system. The employee identity of them are still in debate in theory, so the labor law could not give them effective protection and we could only refer to civil and commercial law for help in such situation.This paper regards to the labor rights infringement of the college students'part-time internship and summarize the focusing law structures. In details, the paper are divided into five chapters. From one typical case on injury suffered while working, the paper analysis the related definitions; the controversies in theory of their employee identity; the legal relation among colleges, students and employers. In the third chapter, the paper introduces three severe problems and the existing law protection systems in our country including working pay,working time and injury accidents while working. The fourth chapter presents the employee identity theory and related legal protection system about foreign students' part-time internship, which can help our country build effective laws and regulations. On the base of above, this paper proposes the related law suggestions and methods from civil and commercial angle, which can be suitable for the current labor market in China and put practical and effective protection for college students' labor rights.