高职学生校外实习涉及的相关法律问题刍议

根据高职专业人才培养方案，校外硕岗实习是高职教育的重要环节，但是教育法、劳动法在实习生身份、报酬规定等方面存在空白，实习生的权益得不到有效的保障；另一方面，实习生的社会工作经验不足，社会阅历浅，心智尚未成熟。这就产生了下列问题：实习生的伤亡风险增加、同工不同酬、实习生违法违纪等。随着实习生队伍不断壮大，问题变得更加复杂，实习管~3．Z-作难度越来越大。因而完善相关法规，增强实习生法制意识，规范实习管理等事项急需解决。

On Legal Issues Arising from Off-Campus Internship in Higher Vocational Colleges

According to the talents-cultivation program, off-campus internship is an important course for students of higher vocational colleges. However, on the one hand, there are no regulations concerning the interns＇ identity, remuneration and the like in Education Law and Labor Law, hence the rights and interests of the interns cannot be effectively guaranteed. On the other hand, the interns are immature and they lack social and working experiences. All this will lead to a series of issues： the possible casualties of the interns, the unequal pay for equal work, the interns＇ possible violations of laws and the like. As the number of the interns is becoming larger, problems have become more complicated. It is now more difficult to manage the internship. Therefore, problems below should be urgently settled： perfecting of relevant laws, enhancing the interns＇ legal consciousness, and standardizing the internship management.