Corporate Social Responsibility

As the corporation has been the most common form of business, it creates a large number of social wealth as well as relevant problems, such as disregard of corporate staff rights, serious environmental pollution, destruction of ecological balance, violation of consumer interests and indifference to social issues. The corporate social responsibility is a concept and an institution which helps to maintain a harmonious relationship between the corporations and society. It is essential that the corporation shall assume the responsibility to promote the interests of society when it is seeking to maximize the profits of its shareholders. The corporate social responsibility is originated from the West, but it does not mean that the social foundation of this concept in the West is better than that of China, Mali and other countries. Today, with the development of economy and politics, the traditional and prime culture needs to be returned to and corporate social responsibility shall be reviewed to play full roles of service, coordination, development for the community and the whole world.This thesis is divided into four chapters, of which contents are summarized as follows:The first chapter "Overview of the Corporate Social Responsibility":This chapter introduces the origin and development of corporate social responsibility chronologically at first. On the basis of historical review, I believe that the aforesaid corporate social responsibility means that the corporation shall assume the responsibilities and obligations to maintain and promote the public interests of society when it is seeking to maximize the profits of its shareholders. The corporation has legal and moral obligations to community, environment, its staff, consumers, its neighborhood and other stakeholders. The corporate social responsibility is originated from ethical foundation, justice theory, contract theory, the interest balance, community-oriented, benefits-cost study. From a global vision, the debates on the corporate social responsibility go on. The corporate social responsibility should be understood in a broader way, because in the future, many corporate social responsibilities in "morality" will be transformed into "institutional "ones which means the corporate social responsibilities in "institution" will continue to expand.Chapter II, "The Legitimacy Analysis of the Corporate Social Responsibility":in this chapter the theoretical foundation and value approach are provided to demonstrate the legitimacy of the corporate social responsibility. The theoretical foundation of corporate social responsibility contains company theory (including the company's social nature, company functions and corporate social status), social jurisprudence, economic and ethical theory (including liability-oriented efficiency view, contract theory, the theory of the ownership distribution of the company, state intervention theory), stakeholder theory, corporate citizenship theory, ownership socialization theory. In addition, the value of corporate social responsibility includes justice, efficiency, and order which can be effective in preventing the corporation from abusing its economic advantages, protecting the legitimate interests of stakeholders and promoting the corporation's health, long-term development.Chapter III, "the Legal Practice of the Corporate Social Responsibility":this chapter focuses on the legal practice of corporate social responsibility in China after a brief introduction of the cases in the United States, Britain, Germany and Japan. In China, the following problems emerge:violation of the staff rights and interests, the environmental responsibility fulfillment in the neglecting or passive way by international corporations. Chinese laws and regulations concerned with concepts and norms of the corporate social responsibility have been praised by the scholars around the world. They are found widely in relevant enterprise laws, Tax Law, Public Welfare Donations Law, Contract Law, and Company Law. In particular, China revised the "Company Law" in 2005 to stress the corporate social responsibility when maximizing shareholder wealth, as Article 5 of Company Law says:"Companies engaged in business activities, shall abide by laws, administrative regulations, observe social ethics, business ethics, conduct in the honesty and trustworthiness way, assume the social responsibility and accept the supervision from the government and the public." Of course, relevant legislative and justice institutions on corporate social responsibility are still to be improved in China.Chapter IV, "The Inspirations for Mali from the Legal Practice on Corporate Social Responsibility in China":companies in Mali do not fulfill social responsibility well, for example:firstly, the companies have very weak concerns about the social responsibility; secondly, the labor problem is serious; thirdly, social responsibility audit institution needs to be improved; additionally, enterprise credit losses; finally, the corporate social responsibility is not institutionalized. These problems once existed in China, but with the sound legal system, they have been improved greatly, which give great inspirations for Mali. To establish the institution of the corporate social responsibility in Mali, I believe that efforts should be taken in the following aspects:at first, attach more importance to the corporate social responsibility theory. Secondly, establish the legislative system of the corporate social responsibility, including establishing and improving evaluation and legislation systems of the corporate social responsibility. The government shall revise laws and regulations to make the legal system meet the needs of the time and social development. Thirdly, raise the corporate awareness of social responsibility, including improving the professional quality of corporate managers, adding the corporate social responsibility into the corporate development strategic goals, building the social responsibility-oriented corporate legal culture. Besides, the government and the public shall make full fulfillment of administrative and supervision functions respectively, including strengthening the supervision by the media, raising the awareness of rights protection of other social subjects. Finally, enhance Sino-African cooperation in the area of corporate social responsibility, which is required by the times as well as the common interests and wishes of the people in two countries.At present, a series of corporate scandals lead us to review the status and development of the corporate social responsibility, and we have also noticed the positive factors of the development of corporate social responsibility. Modern companies must add the corporate social responsibility into the development strategic system, relocate the company development target and realize the social responsibilities by evaluating and supervising from outside and improving the governance inside in order to maintain the competitiveness and survive in the more and more intense competitions in the world. So the company's commitment to social responsibility will not be in vain and will achieve a win-win target with its stakeholders thus push the development mode of Mali companies to be transformed and make the concept of corporate social responsibility become a common sense. Today with the rapid economic development of the world, Mali companies shall assume more social responsibilities and strengthen their fulfillment after a more rational and calmer thought, and only in this way can they keep pace with the world's development and grow steadily.