A Judgment Of Tort Liability Subject In Disputes From Lnterns'industrial Casualties

The rapid progress of science and technology is promoting social and economic in-depth development,which inversely and concurrently exposes the inherent risks and uncertainties embedded in science and technology on vocational education and training,especially internship experience.As a labor intern,participating in productive internship,the following defects might exacerbate the deterioration of the situation:First,the multiple status of identity dislocation and the form of internship contract between school-enterprise cooperation;Second,shortage of strong security awareness,lack of operating proficiency and other own reasons,or invalid safety obligations in place and other reasons from the internship units leading to a surge to the risk of internship;Third,no satisfactory process in the social law development along with the relevant legal protection.With the lack of sound claims for compensation for accidental injuries or death,it is believed,by the introduction and thoroughly analysis of the relationship contract theory,that this paper attempts itself to clarify the fuzzy boundaries between interns and labors,and coordinates the conflicts of applicable laws amongst internship agreements,education legal relations and labor law relations.In starting from the dynamic“relationships" and“transactions”and seeking breakthroughs in“legal sources”and“faults”,this paper will find out the legal shortages and convergence problems,which are deeply hidden in the disposal of internship accidents,can be preferably resolved.To the end,by identifying and pursuing the subject of infringement liability in internship labor injury and death disputes,it might provide an ideal legal way and judgment basis for the judicial referee of disorganized internship labor and occupational injury disputes.