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司法救济是对受害学生顶岗实习权保护的最后屏障。由于《侵权责任法》救济和《合同法》救济本身具有一定的局限性,这导致了在司法诉讼中存在起诉主体单一、异地实习管辖权不利于起诉、举证责任受限制、诉讼费用不能减免等方面的不足。教育是现代社会中最重要的公益事业之一,顶岗实习权同时也属于受教育权的一种,可以尝试引入教育公益诉讼,采取起诉主体多元化、实习案件特殊管辖、举证责任倒置以及诉讼费用保险或成立诉讼基金等措施,保障受害学生的顶岗实习权,从而为促进我国职业教育的健康发展和司法实践的进步提供制度保障。
Judicial remedies are the last barrier to protect the internship of injured students. As the remedies of “Tort Liability Law” and the “Contract Law” remedy have their own limitations, this has led to the existence of a single, remote custody jurisdiction in judicial proceedings, which is not conducive to prosecution, the burden of proof is limited, and the costs of litigation can not be waived. Inadequate aspects. Education is one of the most important public welfare undertakings in modern society. The job internship is also a kind of right to education. It can try to introduce public interest litigation, diversify the subject of prosecution, special jurisdiction of internship cases, inversion of the burden of proof and litigation costs Insurance or the establishment of litigation funds and other measures to protect students’ right of internship, so as to promote the healthy development of China’s vocational education and judicial progress to provide institutional protection.