高校学生顶岗实习工伤事故的法律责任问题探析

摘要

That college students' personal injury accidents which occurs in internship work should be taken charge by whom is not determined, the main reason is that the special identity of the student is difficult to locate accurately. In judicial practice, most of them adopt "what students say", therefore, such industrial accidents do not suit to the labor law of Labor Law, Labor Con- tract Law and Regulations on Work Injury Insurance. In present General Principles of Civil Law and other laws and regulations, there are no specific requirements. Reasonable solution to the responsibility of such accidents at work, "what employees say" fit to current actual situation. The national legislative branch should complement and improve the relevant provisions of labor laws and regulations, clearly stipulate the internship work in personal injury accident liability assumed by the practice unit when the court accepts such cases, it should compare with the related judicial interpretatrion processing which employees suffer from a personal injury while they are engaged in employment activities.%高校学生顶岗实习工作中发生人身伤害事故由谁担责无从确定，主要是因为实习学生的特殊身份难以准确定位。目前司法实践中大都采纳“学生说”，所以，此类工伤事故不适用《劳动法》、《劳动合同法》和《工伤保险条例》等劳动类法律法规，而现行的《民法通则》等法律法规也没有相应的具体规定。合理解决这类工伤事故的责任承担，“雇工说”比较切合目前的实际情形。国家立法部门应该补充和完善劳动法律法规的相关规定，明确规定顶岗实习工作中人身伤害事故的责任由实习单位承担，目前法院受理此类案件应当比照雇工从事雇佣活动中遭受人身损害的相关司法解释处理。