Research On The Protection Mechanism Of The Rights And Interests Of Internship Students

At present,enterprises occupy a dominant position in the labor supply and demand market of our country.Graduates will take the talent demand conditions of enterprises as the main consideration in the process of job-hunting.In order to improve the competitiveness of students in the job market and meet the needs of the market,it has become the only choice for college students to enhance their employment competitiveness through internship.However,the current legal system of College Students' internship in China has not been established,which leads to a large number of disputes in the process of internship,and damages the basic rights and interests of college students.The main reasons are that the status of interns has not been identified in the current labor laws and regulations of our country,the ways of relief are not clear when there are internship disputes,and the relevant supporting insurance system and social supervision system are still imperfect,the current system can not fully protect the legitimate rights and interests of internship students,so that the rights and interests of internship students are increasingly damaged in recent years,It is an urgent problem to cause bad social impact.This paper consists of four parts:The first part is the basic overview of College Students' rights and interests in internship.On the basis of the type of internship of college students,the main rights and interests of the students are combed.Combined with the current academic views on the relationship between internship,the relationship between internship is more reasonable to distinguish according to the type of internship.In the second part,through the collection of the cases involving labor relationship disputes in recent years,the rights and interests of the students are damaged in the process of internship,which is reflected in the infringement of basic rights and interests and the unknown ways of relief for injury accidents.The reasons for this phenomenon are the lack of laws and regulations,the lack of judicial and law enforcement guarantees,and the lack of other social security and supervision.The third part is the analysis of the legislation and practical experience of the related internship system in foreign countries.Through the analysis of the internship systems of the United States,Britain,France and Germany,we can learn from their legislative experience and supporting system design experience.This paper summarizes the enlightenment to China from the following aspects: flexible legal definition of labor relations,clear responsibility attribution of internship agreement system,combination of social security system and commercial insurance system,and strengthening the supervision and intervention functions of the government.The fourth part,from the confirmation of internship students' legal status and the nature of internship relationship,to clarify the effectiveness of internship agreement,to establish a special personal injury insurance system and improve the right relief mechanism,and so on,makes suggestions on the protection of the rights and interests of internship students in China.