Corporate Social Responsibility

This thesis takes the conflicts of corporate economic responsibility and social responsibility as its main thread, focusing on four major aspects of corporate social responsibility (CSR) which are CSR's history, jurisprudential positioning, implementation mechanism and institutional improvement. The author spreads out the discussion by analyzing the case of "the jumping out of building in Foxconn", the aim of which is to make clear the legal effect of CSR from various aspects, thus to learn and draw lessons from other foreign developed countries, and to reflect how CSR is being practiced in China.The first chapter deals with the history of CSR. First, it discusses how CSR was originated and evolved, what CSR's theoretical source was. It introduces the theory, legal precedents and lawmaking of CSR in different historical periods. Then it expounds the theoretical source of CSR, which includes social benefit view, how social benefit view and CSR are connected in a fundamental way, and the stakeholders---the key part of CSR.The second chapter is about jurisprudential positioning of CSR. By using the fifth article of the Law of Corporation as the basis of analysis, and by extracting valuable components from Archie Carroll's "CSR pyramid "theory, LonL. Fuller's morality of aspiration and morality of duty theory, the elements of law, the author proposes that CSR should include CSR in terms of law and CSR in terms of ethics. The author believes that the CSR clause in the fifth article of The Law of Corporations has double nature of morality of aspiration and morality of duty, and can be seen as a legal rule.The third chapter analyzes the implementation mechanism of CSR in different aspects with the legal aspects as the emphasis. The author first defined what is involved in the legal aspects of CSR, and went on analyzing how far it can be judged by law (justifiability). The direct judgment should be based on contractual obligation while the indirect judgment on the integrative method. Then the author discussed how CSR could be put into practice, in the context of the theory of "Disregard of the Corporate Personality". In the ethical aspects of CSR, the author believed, there exist such problems of contract negligence, agreement violation and false statement etc.The fourth chapter discusses the strategy and suggestion of how to improve the status quo of CSR. The author believes that in the Law of Procedure, procedures concerning shareholders' proposal rights need to be improved. In substantive laws, related system needs to be improved on the commitment of CSR by the board of directors, the supervisors and the senior managers, and the participation of employees. In the area of legal supervision, the author believed, administrative organ supervision and public opinion supervision should be the emphasis in our work to improve CSR.