Study On Legal Security For Personal Injury Of The Internship College Students

Abstract:Due to no clear rules for the personal injury problems of college students during the internship in our current labor and social security laws, opinions are divided on this point whether this problem can be appropriate for industrial injury. In judicial practice, the personal injury accidents of the internship college students usually resort to civil law, but can’t get effective relief on account of great relief difficulties and limited security abilities. Based on this, this article systematically concerns the legal security for personal injury of the internship college students, attempts to provide certain theoretical support that the injury can be included into the scope of industrial injury and attains the biggest legal security. This article dissects two typical cases to illuminate the significance of this study; expounds the legal character of internship for college students, combs the legal identity of this group, controversial assertion of legal relationship with internship unit; analyzes the present civil law security pathways and the existing difficulties of proof, insufficient premise, limited ability and the high cost, and discriminate the feasibility that the internship college students’ personal injury accidents can be identified as industrial injury; draws lessons from foreign developed countries and regions advanced experience, initiatively puts forward the principle of tilt protection, balanced interests and maximum guarantee, suggests the classification definition of the applicable labor law for the internship college students, and the injury should be brought into the scope of industrial injury. This article suggests build system of mandatory industrial injury, widen law relief channels, and establish comprehensive law system for the personal injury of internship college students which is oriented by labor and social security law and supplemented with civil law, etc.