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顶岗实习是职业教育必经的实践教学阶段,随着职业教育的迅速发展,学生在顶岗实习期间权利受到侵害现象不断发生。法律的缺失是造成学生权利救济之路举步维艰的根本原因,出台单行法规能够使学生权利救济之路有法可依。我国应借鉴国外有关顶岗实习立法的先进经验,并结合我国国情,在《职业学校学生顶岗实习管理规定(试行)(征求意见稿)》的基础之上,由国务院出台《职业院校学生顶岗实习条例》。该条例应以学生权利的保障与救济为立足点,从顶岗实习合同、组织管理、安全保障、法律责任、救济途径等方面展开立法,从而保障我国职业教育顶岗实习制度能得到切实有效的发展。
The internship of post is the practical teaching stage that vocational education must pass through. With the rapid development of vocational education, the rights infringement occur continuously during the internship of post. The absence of law is the root cause of the difficult road to remedy students’ rights. The introduction of the laws and regulations of individual firms can make the remedy of student rights lawful. Our country should draw on the advanced experience of overseas internship legislation, and on the basis of our national conditions, on the basis of Provisional Regulations on the Management of Post-work Students in Vocational Schools (Draft) (Draft for Comment), the State Council promulgates the " Ordinance. This regulation should take the guarantee and relief of student rights as the starting point, start the legislation from the internship contracts, organization and management, safety and security, legal liability and remedial ways so as to ensure that the system of internship in vocational education in our country can be effectively and effectively developed.