Research On Legal Relief Of Intern Due To Work Injury

On-the-job internship refers to the internship mode in which students who have the initial ability to work independently in practical positions enter the internship unit to carry out full-time work according to the requirements of professional training objectives and talent training programs arranged by the school.Whether in the theoretical circle about them interns have the identity of the laborer,whether with internship units set up labor relationship and through the discussion of issues such as relief of inductrial injury insurance has never ceased,due to the current labor law in our country have a lack of corresponding constraints and guidance,make them interns are often excluded from the scope of protection of labor law,Therefore,the mainstream view of the current academic circle is mainly negative.In practice,due to the lack of uniform legal norms for the protection of interns on duty in China,there is no clear way to relieve interns after injury,and judicial relief is chaotic.According to the labor law,it is impossible to identify the labor relationship between the internship students and the internship units,so that the relief of industrial injury insurance is blocked;According to the civil law,it is difficult for students to prove the tort liability,so they bear the liability according to the proportion of the fault,which leads to unfavorable relief.The irregular signing of the internship agreement makes it difficult to investigate the liability for breach of contract;The implementation of student internship liability insurance is not mature and the scope of application is limited.By contrast,the most favorable relief method for interns injured on duty is the work injury insurance with no fault liability principle.In view of this,based on the difficulties and problems in the application of work-related injury insurance compensation for interns on duty,the author demonstrates the rationality of expanding the scope of work-related injury insurance so that interns on duty can obtain relief through work-related injury insurance.This thesis is divided into four parts.The first part is the introduction,focusing on the controversial views in the academic field,leading to the main research content and direction of this thesis.The second part is the judicial practice and analysis of the workrelated injury of interns on duty.Through the case analysis of typical cases,it is found that the phenomenon of different judgments in the same case of work-related injury of interns on duty is obvious in China’s judicial practice.The comparison of the three relief approaches is made to highlight the advantages of the work-related injury insurance system.The third part is the dilemma of the application of industrial injury relief for interns on duty.Legally,there are mainly the dilemma that the parties involved in the internship do not belong to the main scope of industrial injury insurance,the labor injury of the internship is not included in the scope of industrial injury insurance,and the rights and obligations of interns on duty and workers are different.Due to the imperfection of relevant legislation for interns injured on duty,there is a dilemma in the relief of interns injured on work.The fourth part is to perfect legal relief for them interns because Labour gets hurt countermeasures and Suggestions to clear them interns with the identity of the laborer,and be included in the confines of inductrial injury insurance guarantee,at the same time should also standardize the internship agreement,reasonable division of the school responsibility with unit of choose and employ persons,to determine the reasonable fees and expends the main body,and formulate the scientific projects and compensation standard for compensation.