Zhangbing Liang V.a Limited The Right To Health Dispute Comment

In recent years, China’s socialist market economy has been established and is constantly improving and further development of the college students of various colleges and universities before the formal go to work, most have an internship, this internship college students very popular annual to radiate expansion trend.College students to internships before graduation to practice, their identity is a legal relationship between the workers, internships college students with the unit legal relations or labor relations, China has not yet a specialized legal to this clear definition of its legal is not the same consequences. If defined as workers, interests have been infringed, as opposed to the employer in a weak position to be able to enjoy the special protection of China’s labor law; the contrary, the only labor relations, under the premise of equality between both parties, in accordance with civil law, to give college students and the employer have the same legal protection internship, internship college students work-related injuries, treatment of labor, medical insurance, social insurance contributions will not be able to use legal means to protect. China in the meaning of the workers varied, the labor status of the internship students are not clear, research on the qualifications of workers is developed on the basis of civil law countries for reference, a comprehensive understanding of domestic and international research on the subject qualification of workers, and its assessment, is conducive to further theoretical grasp the concept of workers, at the same time, significant for the effective and comprehensive protection for the legitimate rights and interests of workers. Speaking from a case, the internship students whether they have the subject qualification of workers as the starting point, raised the case a focus of controversy, combined with the existing literature and judicial practice, to judge from the formal requirements of the qualifications of workers and substantial elements of both subject qualification of workers, thereby Analysis of the legal relationship of the subject qualification of workers and asked the point of view should have the subject qualification of workers, college students practice for the protection of legitimate rights and interests can be correctly and effectively dealing with such cases to provide theoretical support.