Study On The Legal Problems Of Labor Injury During The Internship

With the reform of education system,high degree of enrollment in Colleges and universities so that each year the number of graduates has increased over the previous year,the benefits is to allow more students to accept higher education,but the employment pressure will increase,so produce massive groups of interns.Through internships,students can not only accumulate practical experience,but also rich social experience,to really adapt to the social life,in the increasingly fierce competition in the labor market to stand out.The traditional sense of practice is to point to the teaching practice,which belongs to a part of the school teaching and training program.It is a practical way to apply the theoretical knowledge acquired by the students in the practice.In recent years,the practice is also derived from other types,not only is this kind of teaching practice,but emerged such as paid internships,internships,internships and other forms of employment.Labor inevitably accompanied by risks,especially some high-risk work,students It is often seen.work-related injuries in the internship,interns and work-related injuries after can be identified as work-related injuries is the key to the identification of identity attributes.Internship students' legal status in accordance with the different types of practice is not the same as between the internship units and whether the real establishment of labor relations should also be in accordance with the different types of practice and the specific analysis.However,China's existing laws and regulations have not yet defined the meaning of workers under the clear,the legal status of interns also did not elaborate,which caused the legal identity of unknown interns will lead to an embarrassing situation,whether it has the qualifications of workers Public opinions are divergent.controversial issues,the nature of the legal relationship between it and the practice unit it is not ok,so can the injured workers from the interns industrial accident cognizance widespread dispute.In most cases of judicial practice,the students are recognized as students,rather than the workers,it is excluded from the labor law,the solution to the injury caused by workers generally can only resort to civil law.The purpose of this paper is from the labor law on the meaning of the "workers"point of view,according to the provisions of the relevant laws to understand,to explore the legal nature of the relationship between the legal status and intern internship units,in order to clear the basis of legal protection for interns work injuries,and learn from the successful experience of other developed countries,put forward to protect our intern because the conception of perfecting the legal system of work injury.This paper is divided into four parts:the first part of the relevant legal issues for interns work injuries based on the analysis made clear,in-depth study of the legal relationship between the legal attribute of interns and related subjects.The second part is the first intern due to work injury accident situation analysis,and then find out the cause of the trouble for identifying the causes of injuries,and then summarize the existing mode for interns of industrial accident relief.The third part is mainly about the relevant provisions of the foreign labor injury,and it is worth our country to learn from the legal policy.The fourth part is about the perfection of the system of labor injury insurance,including the spirit of law,perfect legislation and specific measures in three aspects.