The Research Of Students Intership’s Rights And Interests Guarantee

Education is the foundation of a nation of our country, the socialism property of education in our country showed that, although occupation education and higher education are different in the emphasis of training objectives, both all have a foothold at the economic foundation of socialism, the purpose of developing education is personnel training for the socialist modernization drive."Apply their knowledge" is the ultimate goal of education. Therefore in the teaching process the school pays attention to the combination of theory and practice, especially under the influence of economic development and under the rigorous employment situation, how successfully achieve employment is a common problem which the school, student and the whole society should face, but as a convergence theory and practice, study and work, school and the workplace is conducive to students’off-campus internships improve skills, boost career planning; also facilitate enterprises to select and train future key personnel; also helps schools to adjust professional subjects, the rational allocation of resources; practice also be an effective way to promote employment.However, our country currently does not have a specific legal norms about internship rights and obligations, the administrative legal and policy documents are mostly vocational education internships macro guidance while university’s internship is at the fragmented state, and no systematic protection resulting in students in the internship process rights are violated when there is no effective way to relief, to safeguard their legitimate rights and interests. Due to lack of legal rights protection interns, the phenomenon which non-professional students in the name of internship into the cooperative enterprise work timeout, high intensity physical operations have occurred, the students personal injury cases arising out of accidents occurring in the internship process also appears "personal damages" and " workers’compensation’" two standards in trial practice, shall be borne by the school and internship enterprise proportionally, students and internship enterprise sharing, schools, students and internship enterprise tripartite commitment, internships assume full four modes responsible for the allocation of responsibilities, and enterprise generally bear more than50%in such cases, the relatively heavy legal responsibility, which is not only difficult to achieve a uniform standard of justice scales and the referee, influence the legal authority and justice, also will combat enterprises to participate in the internship program enthusiasm. That is not conducive to "learning" combining production, the development of school-enterprise cooperation internship system.So it is necessary to formulate relevant laws to regulate the rights and obligations about schools, students and internships related to the internship, forming a complete set of construction supervision mechanism to guarantee the healthy operation of the internship system. By studying the legal practice of the internship system, the theory dispute about legal relationship between students and internship unit during the internship and the trial practice of personal injury accident occurred during student internship, sorting out and analyzing the legal relationship between students and internship units during the internship period, explaining clearly the difficulties and deficiencies of adjusting the relationship between civil and labor law, combined with China’s national conditions and draw domestic and international legal regulations related to the internship system, puts forward the ideas that internship relationship should be brought into the scope of regulation of labor relations law as a form of non-standard labor relations and should set up the mandatory insurance as an alternative to industrial injury insurance. That is to say, internship should have a fixed term employment and career planning goals, outside school full-time students be familiar with the professional environment, obtain pre-work experience and improve their skills of quasi-session level. Internship should be a voluntary, autonomous behavior. During the internship, the school and the students should be a civil legal relationship but not an administrative relations. In this prerequisite the intern relationship may be similar with the dispatch relations and be included in the labor law regulation range:school and internships should sign a cooperation agreement on the number of paid internships, positions, duration, labor compensation and insurance costs; the school shall sign a contract with student, inform student the content of the cooperation agreement and insurance accident insurance for students. The essential attribute of internship determines that the internship period of internship, internship salary, benefits may be lower than the formal working conditions, but in other areas such as labor safety protection conditions and working hours, the internship units should ensure that interns have the same basic protections in the work setting consisted with the uniform standards of laws. Otherwise infringing the legitimate rights and interests of students, internship units should bear the corresponding legal consequences. In order to practice the project smoothly, training excellent talent need to fit the development of social economy and to mobilize all forces to supervise the operation of the internship program, for example, the government needs to provide support in finance, management, or internship units should be regularly evaluated of qualification, the acts of illegal use of student workers and infringing on legitimate interests of students should increase punishment and so on.