Research On The New Dual-track System Of Legal Protection Of College Students' Internship Rights

Generally speaking,China's regulation of the labor market is based on both the social law system and the civil law system.To determine which system the worker can be included is usually based on whether the work provider is a "labor" in the legal category.If this person is a "labor",he would be regulated by social law system,otherwise,it is regulated by the civil law system.Training of trainee from university is often considered as an extension of teaching activities.Their legal status has been excluded from "labor" in the absence of clear provision.This has pushed the trainee into civil law side of this system.This judgment standard toward trainee is not the normal "labor" identification standard.The biased identification standard hinders the healthy development of this group in university.If you carefully observe the internship relationship between college students,schools,and internship units,you will find that there is not too much interference from school toward trainee and his own internship.The relationship between internship company and trainee which is lack of regulation from school instead of becoming school-student relationship in university are employment legal relationship.The identification of labor relations in China is usually based on various criteria such as the conclusion of labor contracts or the theory of attributes of labor relations.If you look at these standards,many trainee have already reach this point.The "work-study" behavior is the reason to people in theory field for opposing the inclusion of university students in the protection of the social law system,and citing the regulations of the corresponding departments to support their views.This department's rules have a vague description of work-study assistance,and there are no other laws,regulations or department rules can describe clearly toward the group of college students who have training in relative company.On the other hand,due to the lack of clear provision for judging,judicial practice activities have also made chaotic distinctions in the relationship between college students' internships and this practice lacked predictability.Their preference for judging the behavior of self-employment of college students is to classify graduates who are about to graduate into the Labor Law.Control,while excluding the inclusion of other kind of trainee whose practical company is find by their own.The excluded internship relationship is usually identified as a employ-contract(called self-employment in US)relationship.This type of legal relationship promotes self-will between two side of the contract,and related disputes are subject to contract regulations.The internship contract of college internships has almost become an avoidance for the internship unit without the relevant regulations Resort of responsibility.The internship activities of college students under the banner of "teaching" have put undergraduates who have little life experience into legal risk.Legal analysis of college students' internship behavior.On the one hand,it is necessary to face up to the diversity of interns' internal internship methods.They are no different from the work of ordinary people.Therefore,the judgment of the legal status of interns should not contain prejudice against the status of "student".On the other hand,in the existing dual-track social law system,it is still difficult to include interns who meet the legal status of "workers".China's social law system has the characteristics of high protection standards for workers and comprehensive and extensive welfare regulations.If the internship activities mainly based on auxiliary work are protected through this standard,it will inevitably greatly reduce the competitiveness of interns.Immediately moving the whole body,the building of the social law system can not be changed and improved immediately.In terms of legal norms,it is necessary to draw on the existing regulations for interns in vocational colleges and timely introduce similar standards for interns in colleges and universities in order to solve the urgent needs.In addition to legal norms,a stronger social synergy is formed to help interns in multiple channels.After the social law system is perfected,college interns will eventually be included,and a two-step strategy will be adopted to transition from the old dual-track system to the new dual-track system.