The Legalization Reasearch Of China's Corporate Social Responsibiliyt

It has been 120 years past from the birth of Corporate Social Responsibility(CSR)which had influenced the governance of corporate a lot in viewing the interest of corporate.CSR requires corporates consider not only the interest of shareholders,but also the requirement of stakeholders.And this theory came to be recognized by Chinese legal researchers when Social Responsibility was written in the Company Law in 2005.Article 5 is regarded as the milestone of CSR legislation of China.However,the trend of CSR research disappeared rapidly with a lot dilemmas in using CSR clause.CSR was written in the Article 86 of Civil Code in 2020 which could be deemed as the development of Article 5 of Company Law.Moreover,Article 86 was written in the general provision of Civil Code,which could be deemed as a legal principle of corporate law.Firstly,the civil law principles in Civil Code could be used supply the value of CSR clause,such as principle of fairness,principle of good faith,principle of public order and good morals and principle of green behaviors.Secondly,as a principle,Article 86 could be used in legal judgement via the function of legal principle: guidance,judgement and evaluation.The function of guidance leads Article 86 to be involved in interpreting other CSR laws.The function of judgement is used to create new legal rules by judges when it relates to stakeholders' interests.The function of evaluation leads CSR principle to solve the conflicts between different legal principles.Although the methods of principles practice could help CSR clause be used in legal judgment,it also empowers too much discretion to judges.In order to limit the discretion in a reasonable range,the CSR standards could be used to supply the empty of CSR clauses.On the one hand,CSR standards which announced by corporates could be used to establish the CSR management system,on the other hand,these standards could be deemed as the basis of judgement in creating rules and balancing different principles.And it could bring the last CSR theory into CSR legalization as well.