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顶岗实习是高等职业教育人才培养方案的重要组成部分,是培养学生理论联系实际,从课堂走向生产一线的桥梁。然而在其过程中一旦发生人身伤害,学校、学生、实习单位该谁承担责任,该承担多少?学生与实习单位是否形成了劳动关系?是否按照工伤来处理?目前相关法律法规无明确规定,本文就这些方面进行了探讨,提出了在没有明确的立法的之前,应根据具体情况来确定是适用工伤还是一般的侵权赔偿,并提出了立法建议。
Internship is an important part of higher vocational education program of personnel training, is to cultivate students theory with practice, from class to production line bridge. However, in the process of personal injury, in which schools, students, internships who bear the responsibility, how much commitment? Student and internship unit whether the formation of labor relations? Whether to deal with work-related injuries? The current relevant laws and regulations are not clearly defined, this article In these aspects, it is put forward that before there is no clear legislation, it should be determined according to the specific circumstances whether it is the employment injury or the general tort compensation, and put forward the legislative suggestions.