论实习生伤害事故的责任承担

Study on the Liability Undertaking in Injury Accident of Interns

实习生在实习期间难免发生伤害事故,但由于种种原因,我国目前对处理实习生伤害事故的法律却并不健全,《工伤保险条例》将实习生伤害事故排除在工伤保险之外,以侵权法来保护受伤害的实习生不仅效率低下、成本较高,而且也不足以有效维护受伤害实习生的权益。在此情形下,有必要重新将实习生伤害事故纳入工伤保险的范围,在立法改变之前,则应充分发挥商业保险的作用,以分散风险,确保受伤害实习生的权益。

Interns often get injured in accident during the course of internship, but the law dealing with this situation is lack because of various reasons. For example, Industrial Injury Regulation excludes the interns from protection, however, protection of tort law is inefficient and highly cost, which is insufficient to guarantee the interest of interns. It is necessary to re-include the interns into the industrial injury and make full use of commercial insurance before the modification of law to seatter risks and protect the interest of inters.