Research On The Legal Identity Of College Students During Their Internship

Recently,with the increasing of employment requirements and the pressure,more and more colleges need to improve the special knowledge and work experiences to adapt to the carrier and accumulate the practical experience.With the breaking of traditional practical concept,a variety of novel practice modes have coming.However,a perfect practical system to protect the rights and interests of college students has not been established,at the same time,the relevant laws and regulations of the internship students are vague.Lack of special legislation for protecting the rights and interests of internship student makes the law to be blank.So it is urgent to resolve the problem of legal status for internship students,because there is no clear rule and basis about whether the special group of college students constitutes labor relations with company or apply the labor law,especially whether enjoying the injury insurance benefits.The paper set out from the concept and classification of internship to investigate the legal relationship between the internship student and company,which is on the base of the college students have the capacity to become an employer.From the nature of the legal relationship,we arrival at a conclusion that the presence of labor relationship and labor status of internship student can be identified if only it accordance with the nature of the legal relationship including the organization’s subordination,the work’s specialization,the character subordination,the formal administration and so on.According to the existing problems,proposes about constructing the system for protecting the rights and interests of internship student was suggested.This article consists of three chapters.In chapter 1,the concept and classification of internship was discussed.In chapter 2,the different opinions about the legal status of the internship college student were elaborated.The opinion whether a college student can become a labor is analyzed.The unreasonable opinion of the internship college student cannot become labor is commented and it indicate the internship college student can be a labor based on labor law.By comparison the legal relationship between the internship college student and the internship organization with standard labor relations,the nature is identical when they fulfill certain conditions.That is to say,the presence of labor relationship and internship student bearing labor status can be identified if only it accordance with the nature of the legal relationship and have the organization’s subordination,the work’s specialization,the character subordination,the formal administration and so on.In chapter 3,the problems for protecting the rights and interests of internship student in the internship period were analyzed,and the relevant proposes were suggested.