Vocational Internships In Legal Issues

With the development of economy, the internship of vocational college students became a very essential process, and a critical proposition comes out that how to protect the legitimate rights of students from being undermined.From the reason why the legal liability of concerning subjects is absent, this paper puts forward an advice by causal analysis, that to build a scientific legal responsibility system to fill the "vacuum zone" of relevant laws and rules and to maintain legal interests of the intern students.To build a scientific legal responsibility system of internship, the four main concerning subjects-college, students, internship and government should be clear with their duties.Ⅰ. Legislate certain laws to regulate the internship.The definition of the workers from existed rules is very ambiguous. We even cannot find the legal basis of whether the intern students can be protect by the <Labor law> and<Labor contract law>. According to such situation, legislature should introduce national rules like "rules of college intern students" to regulate the internship in colleges.Ⅱ. Build a system of shared responsibility which colleges organize, government helps and society participates.Colleges should help students find internship related to their field of study as far as possible, and the firms should make the intern activities easier and convenient. Issuing some intern tickets could be a practical solution for this system.Ⅲ. Build a system of safe management with government intervention, school-enterprise cooperation and student subject.The professional safe management system is a systematic and standard method for modern profession safe management. Firstly, the school should enhance the education and management for internship safety. Secondly, the school should help the firms to strengthen the protection for the safety of profession. Finally, the safety apartment of government should go to the companies to understand the producing conditions, publish the safe index of the companies, create some relevant documents, increase the punishment, ask the firms to create more technical innovation, and develop the producing and working conditionⅣ. Build a system of personal injury protection laws with the guidance of government, the priority of students and the judicial assistance.At the first beginning, the school, enterprise and students should sign an internship contract, understanding the responsibility of each other and negotiating the compensation for damages and the accident insurance. And then, the government should revise the rules as soon as possible. For example, the officers should restore the rule in the previous Procedures for Industrial Injury Insurance for Enterprise Employees involving the intern students’industrial injury insurance rights. At the same time, the government should also use the insurance approach to deal with the problem of definition of college students’internship injury and the compensation difficulties. The officers should build a social protecting system to spread the serious social risks such as internship injury of students.