实习生权益受侵的司法救助介入分析

An Analysis of Judicial Assistance Intervention in the Abuse of Interns' Rights and Interests

实习生权益保障是实习教育现实和紧迫的问题,也是社会关注度较高却长期得不到解决的问题,然而目前学界对实习生被侵权“事后”的维权帮助缺少探讨,现实中也鲜有案例。在研究制度属性以及相关法规的基础上进行逻辑推导可以看出,将司法救助引入实习生维权过程具有制度上、法理上的可行性,司法救助资金本身具备的“垫付—补偿”特征又使其具有资金上的可行性。当然,司法救助介入过程仍然存在一定的困难,需要在法规上明确主体,在过程中提升效率,在资金上补充来源,在宣传教育上引导学生。

The protection of interns’ rights and interests is a realistic and urgent issue in internship education, and also a problem that has received high social attention but has not been solved for a long time. However, there is a lack of discussion on the protection and assistance of interns’ rights after being infringed, and there are few cases in reality. It can be seen from the logical deduction based on the study of institutional attributes and relevant laws and regulations that the introduction of judicial aid into the process of safeguarding the rights of interns is institutionally and juridically feasible, and the "advance payment-compensation" feature of judicial aid funds makes it financially feasible. Of course, there are still some difficulties in the process of judicial relief intervention. It is necessary to clarify the subject in laws and regulations, improve efficiency in the process, supplement sources in funds and guide initiative in education.