Research On The Legal Relationship Of School Arrangement Practice

Whether or not college graduates have relevant internship experience has important influence on their career selection and employment.There are various forms of internships.The internships studied in this paper refer to higher education institutions that uniformly organize the graduating undergraduate students to employers to participate in social practice according to the teaching plan or training plan,and apply the learned theoretical knowledge in practice to improve The ability to self-quality and enhance the competitiveness of employment learning process,internship time is generally a few months to a year,can be referred to as school arrangement type internship.School-based internships involve the rights and obligations of the tripartite subjects of interns,training units(schools)and internship units.The nature of these legal relationships and the issue of legal adjustment are more complex.In practice,there are many problems that damage the rights of interns: Most of the internships are agreements between the school and the internship organization,and the students are assigned to the internship unit to conduct internships.The internship results are usually linked to the student's credits,and the intern's willingness And appeals are often overlooked,and even internship units misuse the intern because of the low cost of using the intern,or think that the intern is not allowed to work beyond the limits of the labor law.In response to the above-mentioned universal issues,there are no specific and targeted adjustments to laws and regulations in China;the lagging and incompleteness of the law has seriously hampered the operation of the society.This article studies the legal relationship of school-based arrangement internships,mainly the nature of legal relationships between interns and internship units,the content of rights and obligations,and the methods of rights relief.It has more important academic and practical significance.This article uses case studies and other empirical research methods,combined with comparative method methods and normative analysis methods to study the above issues.In addition to the introduction and the conclusion,this article is divided into four parts,focusing on the legal relationship between internships and internships:The first part introduces the current status of school-based internships in China.First of all,it elaborates the connotation of undergraduate internships and emphasizes the research object of this paper and then analyzes the current situation that the interns in the judicialpractice have their rights and interests impaired during internship in the judicial practice through case studies,and leads to the discussion of the legal relationship between intern and internship unit necessity.The second part analyzes the existing defects of the school's existing arrangement system.Our country's laws seldom stipulate the practice system for undergraduates,and labor laws do not directly recognize the qualifications of laborers for internships.Local governments have different views on this matter.Local courts have different judgments in the same case,which is not conducive to protecting the rights of internships;courts generally practice Health disputes are identified as civil tort cases.Because interns are in a weaker position than schools and internship units,it is difficult to bear the burden of proof,and it is difficult to protect their rights and interests through existing remedies.The third part is the determination of the legal relationship between the intern and the internship organization in the school arrangement type internship.On the basis of discussion and analysis by scholars in the academic circles,starting from the attribute criteria of the recognition of labor relations,it is demonstrated that the legal relationship of internships is recognized as the legitimacy of labor relations.The fourth part puts forward suggestions for the improvement of the school arrangement type internship system.During the internship of college students,it is mandatory that the intern,the school and the internship organization sign a tripartite agreement,and the agreement shall specify the responsibilities that the school and the internship organization shall bear for the intern.This study found that: First,the judicial practice and academic circles in China are controversial on the determination of the legal relationship of undergraduate internships.It is generally believed that the civil law adjustment practice relationship is operative,and interns and internship organizations are equal civil subjects.The legal relationship can naturally be adjusted by civil law.The disputes that the interns have during the internship are handled according to the general infringement cases in line with the current mainstream view.However,civil law adjustment claims ignore the particularities of breach of contract and infringement during internships: since general infringement cases follow the principle of“who advocates and who gives evidence”,it is difficult for interns to rely on their own strength to obtain infringements from schools and internship units in the event of an accident.Evidence,self-reporting is difficult to get effective relief.This article compares and analyzesthe relationship between civil law and labor law adjustment practice and finds that it is more feasible to identify the internship relationship as a labor relationship.Secondly,the legal relationship of school-based internships involves the main body of the law of internships,schools,and undergraduates.The legal relationship between them is similar to the legal relationship of labor dispatching.Therefore,the legal relationship of undergraduate internship can be defined as a special labor relationship similar to the labor dispatch relationship,which is adjusted by the labor law and related laws.Schools should bear the legal obligations and responsibilities to intern students together with the internship organization for the relevant infringement issues in the student internship.Based on this,the article suggests that: First,according to the principle of labor law,the status of college students' laborers should be clearly defined in the legislation,the legal relationship of undergraduate internship should be included in the adjustment of labor law,and the clear legal relationship of undergraduate internship belongs to special labor relations.Secondly,it clearly defines the legal obligations and responsibilities that schools and internship units should undertake when they infringe on student internships.Finally,the college students' internship system is improved from the obligation of school and internship units and government supervision.