Study On The Legal Mechanism For The Protection Of College Students’ Rights During Internship

There will be6.8million graduates from colleges and universities in2012. And the number of students who’ve entered the internships will exceed10million this year. There are lots of cases that the infringement on students’ rights and interests occurred during their internships. Yet the related laws could only offer some ineffective safeguard measures to protect them. This situation needs to be improved immediately. The focus on the protection of the rights and interests of the students during internship closely relates to the fulfillment of the personnel training goal of colleges and universities, moreover, it is greatly connected with the achievement of the national talent strategy.This thesis tries to find out the reason why the college students suffer the infringement of their interests and rights during internship, to define the employee identity of them from the legal aspects, to classify the legal relations between the students and their schools and between the internship units and the student interns. This paper also intends to search the effective protection ways for the college studentsinterests and rights with the reference of the rich experiences from foreign countries and to point out the detailed protective principles and measures, in order to provide some theoretical proofs for the protection of college students’rights and interests and for the improvement of internship effects. This paper can be divided into three chapters:Chapter One mainly introduces the cases of infringement of college students’rights and interests during internship. It also proposes the definition and category of internship, the analysis of typical cases concerning the right infringement and the summary of the reasons why the college students suffer the infringement of their rights and interests.Chapter Two analyzes the involved legal issues during the internships of college students, including the comparison of the legal rules of internship in China and abroad, the demarcation of the legal relations in internship, the discussion about the employee identity of the student interns, and the analysis of the legal relation between the student interns and their schools, and also between them and their internship units. Chapter Three presents some ideas concerning the protection of college students’ rights and interests during internship. It introduces the characteristics and the legal rules of the internship principles in the western world and in the special administrative zones in China such as Taiwan, Macao, etc. It also finds out the related laws which could help the students whose rights and interests have been infringed during internship, such as Labor Law, Contract Law, Tort Liability Law, etc, and seeks for the remedy approaches and some possible existing problems. This chapter presents some specific measures to improve the internship system, including pointing out some special laws and regulations concerning student’s internship; defining the insurance system against the injury at work for the student interns in the category of Labor Law; comprehensively promoting the signing of internship contract; specifying the redress system for the student interns; enhancing the government financial support; delivering the supportive approaches by enterprises; discovering the commercial insurance mechanism for internship; perfecting the internship system of colleges and universities; strengthening the college students’ self-protection consciousness, etc.The internship is the best combination between the theoretical teaching and working experiencing of college students. The issue of the protection of college students’ rights and interests during internship is not only worth thinking by the students and their colleges, but worth paying much attention to by the society, on the basis of the transformation from the populous nation to the powerful nation of human resources in China. The solution of this issue is directly related with the fulfillment of our national talent strategy and with the coping ways to the contradiction between "The Deficiency of Labor Forces" and "The Lack of Talents". The government, all the colleges and universities, and various enterprises and public institutions should broaden their horizons, improve the related legislation and perfect the internship regulations, in order to build up the internship protective system for the student interns in China and to protect the college students’rights and interests during internship.