From Corporation Running Society To Corporation Social Responsibility

In order to deepen state-owned corporations reform and lighten the burden of the state-owned corporations,the Fourth Plenary Session of the Fifteenth Central committee of the CPC proposed clearly that the corporations should separate the social function. Since 1995, a few "Optimize the structure of capital"tentative cities and some areas have taken vigorous actions to probe and carry out the separation of the corporation-run society based on the spirit of << Suggestions about several cities shunting redundant staff in separating social functions from corporations>> issued by the National Economic & Trading Committee,the former National Education Board,the Ministry of Finance,the Ministry of Health and the former Ministry of Labor. They have accumulated a wealth of experience and impelled a lot of state-owned corporations to stride forward a great step on building up the modern corporation system. At the same time, they have met a few problems also. Some corporations discarded the due corporation social responsibility (CSR) in the separation of social functions. Even some extreme cases appeared. The country began the pilot work of separating main and secondary business activities and reforming system of complementing industry in central corporations in 2004. The work claims of the Central put forward definitely that the corporations should separate social functions quickly and undertake the corresponding CSR also. There are different opinions on whether the corporations separate the social functions or undertake social responsibility. In this circumstance, we should consider the relationship of 'corporations running the society'and 'corporation undertaking social responsibility'. Are they the same? If so, does separating the society from the corporations mean that these corporations need not to undertake social responsibility? Otherwise, what kind of social responsibilities should the state-owned corporation undertake to build their social responsibility system when they separate the social functions? The dissertation analyzed CSR on the viewpoint how to protect the employee's interest in the separation of social functions from corporations, so to give a answer to the questions above. There are different opinions on whether the corporations separate the social functions or undertake CSR In this circumstance, we should consider the relationship of 'corporations running the society'and 'corporation undertaking CSR'. Are they the same? If so, does separating the society from the corporations mean that these corporations need not to undertake CSR? Otherwise, what kind of CSR should the state-owned corporation undertake to build their CSR system when they separate the social functions? The dissertation proceeds with the danwei system behind the corporations and indicates that the social functions were all compressed to the danwei, which was the linkage between the country and the individual to strengthen the country's regulation and control mode in the planned economy era. And then the unique phenomenon of the danwei running society came into being. To lighten the corporation's burden was necessary for a corporation to set up the modern corporation system adapting to the market economy. The separation of the social function now is necessity. On the other hand, the concept of CSR was put out with the development of the market economy and the understanding to the corporation's role with the law structure changed from one side of "state standard"to three sides of "state, society, individual". In the process, the corporation's role has changed from undertaking the responsibility of "max benefit"to undertaking the responsibility of "relational benefit"and seeking for the social benefit. CSR means the corporations should undertake the obligation of maintaining and promoting the social commonweal in addition to trying for maximizing the capital and profit, including of employees, ofcreditors, of consumers, of the environment, and of the society. we can draw the conclusion very clearly that there is essential difference distinction between the corporation undertaking CSR and corporation running society. It is not to follow the history for us to put forward the CSR. At the same time, the corporation should undertake the expected CSR in the separation of social functions. Especially, analyzing on relation between corporation and employee, CSR offers the protective measures to the disadvantaged groups and pursues the social impartiality with the practical attitude that the inequality relation exists in actual life and with the basic principle of tendentious protection in social law, which has reflected the values of protecting the social interests. This dissertation consists of six chapters. The first chapter: exordium. The chapter surrounds the requests to the work of 'undertaking CSR in the separation of social functions'this year and displays all kinds of opposite viewpoints about two concepts of 'corporations running the society'and 'corporation undertaking CSR'. There are different opinions on these two concepts, so in practical some corporations refused to undertake CSR in the separation of social functions, even hire the murderer and kill. So it has the realistic meaning to beat out the relations between them. The second chapter: the definiens to the concept of corporation running the society, which reviewed the development of corporation running the society from the political economic thought and historic development, and then pointed out that danwei has no leagally personality,so the separation of social functions from corporations is necessity of the social development. Section one: summary to danwei. The section analyzed the danwei system which was the corporation sight in the planned economy era. The danwei was the linkage to realize the country's regulation and control, which was charged with all functions of guarantee and supply. But with the development of the society, the organizing form of danwei faced change. Section two: the history of corporation running the society. Corporation running the society was the inevitable representation of danwei almightiness and playedimportant role in the planned economy era with one side law structure. The third chapter: separating social function from corporation vs. CSR.,which means corporations get legally personality. Section one: necessity of the separation of social functions from corporations. With the development of market economy, corporation should coordinate its functions in order to establish modern corporation system. So the separation of the social functions now is necessity. Section two: the reasons of corporations to undertake CSR in the separation social function. In the social interest theory and the corresponding law structure, to undertake CSR in the separation social function is related closely to the social interest in third legal sector. And also it is the development for the corporation from non-juridical person to the formal equality, and to the essential equality. The forth chapter: the view of CSR and the CSR movement, from the pressure of employees and consumers . The evolvement of the view of CSR and the development of the CSR movement, which is exterior representation of CSR, were expatiated from the point of view of historic development. Section one: the view of CSR. The change of the view of CSR is the understanding process to the corporation's orientation and role from in 'one side law structure'to in 'three sides law structure'. Section two: the CSR movement. The CSR movement regarding 'labor standard'as the core presented the flight from "morality"to "law". The fifth chapter: the definiens to CSR。The chapter gave a definiens to CSR on the base of legal principle analysis. CSR incarnates the basic principle of social law and the effect of protect social interest. Section one: summary of CSR. The CSR means the corporations should undertake the obligation of maintaining and promoting the social commonweal in addition to trying for maximizing the profit. Section two: the legal characters of CSR. The protection to the disadvantaged groups claimed the corporations to undertake CSR with the especial show of socialinterest and the rise of the third legal sector.　The　CSR　incarnated　the basic principle of tendentious protection　in　social law. Section three: CSR vs. shareholder's right. The chapter clarified that to undertake CSR will not infringe the shareholder's right.. The shareholder's right is detached with the property right. The modern corporation takes on the independent personality. It is legitimate for it to deal with its property. The six chapter: the difference between corporation running society and CSR. We can draw the conclusion very clearly that there is essential difference between the CSR and corporation running society by comparing their background, the corresponding legal structure and theory thought, the way of regulation and control, their content, and their development prospect. It is not to follow the history for us to put forward to strengthen CSR.The dissertation considered that separate the corporation should undertake the CSR to employees in separation of the social functions from the corporations. So the CSR and the separation can be carried out together. The government should create the environment in favor of carrying out CSR in the separation.