高校实践教学法律问题探析

高校的实践教学面临着高校、实习单位与学生之间权利义务关系的确定,实习期间学生的权益保护、学生和实习单位的人身或财产损害纠纷的解决等法律问题。从保护学生权益和平衡学生与实习（实训）单位利益关系的角度考虑,实践教学不仅应由教育法和民法调整,而且应将学生参加校外实习遇到的工伤问题、实习补贴、劳动安全、工作时间以及争议解决等突出问题纳入劳动法调整范围。此外,国家应完善高等教育立法和劳动立法,制定有关高校实践教学法律制度;高校应完善实践教学管理制度,建立高校实践教学风险防范机制。

On the Legal Issues of Practical Teaching in Colleges

Practical teaching in colleges is faced with the confirm of the rights and obligations among colleges,companies and the students,the protection on rights and interests of the students during the practices,the solution of dispute compensation for damages on personal and property between the students and company and so on.From the standpoint of the protecting the students＇ rights and interests and balancing the interests relationship between the students and the company,we consider that the practical teaching not only should be adjusted by the law of education and the civil law,but also bring some outstanding problems as injury suffered on the job,subsidies,labour safety,working hours,settlement of the dispute into the justification range of the labour law.In addition,the nation should improve and perfect the legislation on higher education and the labor,establish correlative legal system on practical teaching of colleges and universities;the colleges and universities should consummate the management system of practical teaching,build a risk prevention mechanism on practical teaching of colleges and universities.