Our Post Teaching Legal Research Intern Labor Risk Prevention Mechanism

Internships refers to the end of the theoretical knowledge and vocational schools through student assessment, school organization through the channel into the unit, and a long time to replace formal workers engaged in the work of a practice. These units carry out internships general risk coefficient is relatively large, often is the chemical industry, machine operators, industrial manufacturing and other industries. And these students into internships at the beginning of the contact work, inevitably face the threat of these labor risks, but because of lack of practical experience, are likely to face a greater risk than full-time employees working a threat. However, my post teaching intern labor risk prevention mechanism is not perfect law, in practice, are often not able to effectively prevent the risk before the advent of labor, labor risk of accidents in the future, they can not get proper post teaching intern relief phenomenon. In this paper, the legal status of post teaching interns this special group to explore the issue at this stage, the proposed internship reason there is a problem, and then combined with the advanced technology of foreign legislation, and propose appropriate solutions. The full text is divided into four parts:The first part is a legal relationship involving internships analysis. Discuss the meaning of post teaching intern, internship characteristics, post teaching interns about the legal status of different perspectives, the author puts forward the legal status of post teaching intern insight:post teaching as a student intern is to have a special workers. Then were discussed in terms of the nature of the legal relationship in the internship, the legal relationship between the school, internships, post teaching interns:School and interns are between education and being educated; internships and interns are special labor relations; schools and internships are equal civil contractual relationship.The second is to form part of the analysis of the types of cases post teaching intern labor risks:occupational disease, injury, disability, and death. Point out the problems of post teaching intern labor risk prevention mechanism:labor risk prevention internships before imperfect; internships internships in oversight activities; Dinggang intern after a labor accident compensation is unreasonable. Which made the causes of these problems: internships legal responsibilities of the parties is not clear; our labor law will be excluded from the scope of post teaching intern protection; industrial injury insurance system object does not include interns.The third part is the introduction of foreign advanced legislative basis proposed for our post teaching intern labor risk prevention mechanism learn legislative experience. Proposed: the intern is defined as special workers, will intern as a special workers within the ambit of labor laws and systems for the protection of the injury.The fourth part is put forward to improve our post teaching intern labor risk prevention mechanism proposal. The parties expressly liability internships in the post teaching interns into the scope of protection of the Labor Law, Injury Insurance Regulations to extend the scope of protection of an object to protect post teaching interns.