Research Company's Social Duties And Its Implementation Framework

Company, as one of the most active and influential forms of businesses in market economic society, has been creating remarkable social wealth through its business activities. However, the expanding size of company has brought about series of social problems such as the protection of employees, protection of the rights and interests of consumers, interests of creditors, stability of communities, and protection of environment which require us to review the goals and values of company again to fix its position. Theory on company's social duties has been put forward by American scholars to cope with the difficulties encounter by the company in its development. This theory holds the opinion that companies, should no longer take the maximum interests of the shareholders as its mere goal but should, in making decisions, take into account the interests of both the shareholders and other relevant parties. Companies should be urged to undertake more social duties when they seek for more economic interests. With the establishment of the theory of relevant interests parties, the theory on company's social duties has gained its theoretical basis and has gradually gained the recognition of most legislations in making company laws and finally become an important rule in company laws of different countries. Although the majority of Chinese scholars share the opinion of the theory on company's social duties, many disputes arise from its nature, scope, and implementation framework. Due to the fact that it is difficult to determine the exact nature and scope of the company's social duties, the author suggests that Company law should be focused on and company management system should be combined in when discussing the nature and implementation framework of the company's social duties.This thesis, based on the company's social duties set out in Company Law, is divided into five parts. In the preamble part, the author puts forward the research background and significance, analyzes the research status quo and the research methods and so on. The second part focuses on elementary theories of company's social duties. In this part, the author first introduces briefly the origin and evolution process of the theory of Company's social duties and discusses its historical background and development tendency. By introducing the theory on relevant interests parties, the author points out that it is the principal theoretical basis of the theory on the company's social duties. In this part, the author also discusses the definition and scope of the company's social duties. the third part of this thesis makes a comparison of the implementation framework of the company's social duties of different countries such as the United States, the EU, and Japanese. On the grounds of such legislations, the author analyzes the defects and loopholes of the company's social duties in Chinese. In the fourth part, the author illustrates the relationship between the company's social duties and company's management. The author points out the significance and management method for relevant interest parties to take part in the company's management by analyzing the relationship between the company's social duties and the company's own management system. The last part is mainly on how to perfect the implementation framework of the company's social duties. this thesis, begins with the management system of companies, demonstrates the implementation framework of our Company Law and puts forward that at least two measures should be taken to perfect it. One is to perfect the existing company management systems and the other is to discover new management methods.