| In China,internship contract refers to the agreement used to regulate the intern relationship among college,internship unit and interns.It could provide legal protection for interns who are willing to become professionals by specifying rights and responsibilities.It’s so common to hear about some severe cases of college interns suffering payout risk,labor risks,injuries and even death.Since interns are not endowed with the same identities as general legal labors,they cannot defend themselves as formal employees.The laws relevant to internship are not sufficient,although some regulations are involved.Usually these laws can be put into effect with a low significance as well as a narrow scope.The reality urges interns to be conscious of various risks and utilize the internship contract to guard themselves from potential risks.Therefore,internship contract could be used to manage the relationship among college,internship unit and interns and further specify their rights and responsibilities respectively so as to provide somewhat guarantee for interns.However,the standard and mandatory rules of internship contract are not included in some related laws,which have a direct influence on the rights and obligations among the three parties above.It also raises such issues as alienated goals,undesired results and unbalanced interests of the intern practice.In face of some arguments concerning interns’ rights and interests in practical level,most practitioners choose to obtain legal assistance through some laws like “General Principles of Civil Law”,“Contract Law”,“Tort Liability Law” and so on.Even so,these laws could not play their due roles in the settlement of internship disputes.As for the internship system,France,Germany and some other countries have clear and detailed provisions,which are quite worth learning.When it concerns internship contract,these countries have set clear requirements that interns should established internship agreement or contract with internship units and colleges.In this paper,the author tries to provide theoretical support for constructing and improving the law of internship contract by giving a clear definition of the concept of internship contract,clarifying the legal relationship among the three parties of the contract,analyzing the rights and obligations of each party and drawing the practical problems in the course of implementing internship contract law via some concrete cases. |
