Research On The Legal Problems Of University Interns’ Industrial Injury Accident

In recent years, due to the massive expansion of colleges and universities, the difficult problem of employment of full-time college students arises.Under this background, the school and the employer take if the full-time college students have strong practical ability as an important standard to measure the students comprehensive quality. Therefore, colleges and universities make efforts to expand the training channels and build practice platforms, to provide more opportunities for the students to practice;Full time university students are actively engaged in the practice in order to increase the competitiveness of employment.During the internship, because full-time college students suffered personal injury,the dispute is not uncommon, how to qualify the dispute and how to solve it, the current laws having no relevant provisions.Legislation absence leads to the legal standards of judicial practice can not be unified, which leads to the same case has different decision situation.In order to protect the legitimate rights and interests of full-time university interns better, to study the legal issues related to full-time university interns’ injury compensation is necessary.This paper based on the case of Mr.Zhao’s suing a machinery company as an example,combining with the laws, regulations and the related theory, analyses the recognition of full-time university interns’suffering personal accident injuryFirst of all, analyze the basic facts of the case and the court’s judgment, and points out that the focus of controversy in this case.Secondly, taking the focus of controversy as the breakthrough point, combined with the decision of the court and discussed on whether full-time university interns have the identity of laborer,and whether full-time university interns have the ascertainment of the work-related injury.Finally, based on the summary of the analysis of such cases, combined with our current legislation, for the protection of the legitimate rights and interests of university student’s and for the identification and compensation recommendations of full-time university interns,the author hopes to help to solve related problems of some judicial practice.