How To Legislate And Fulfill Corporate Social Responsibility In China

Company law of the People Republic of China has gone into effect on January 1 2006 after amendment. Article 5 of Company law shows the concept of Corporate Social Responsibility, and regulates: "When undertaking business operations, a company shall comply with the laws and administrative regulations, social morality and business morality. It shall act in good faith, accept the supervision of the government and the general public, and bear social responsibilities." This amendment embodies that China brings the international advanced legal concept into our legislation which makes our companies keep more competitive. Actually, this concept of Corporate Social Responsibility was put forward by American professor, Oliver Sheldon. The more rapid companies have developed, the more change the content of Corporate Social Responsibility has made. The public demand more for the companies in Europe and American. The demand includes double benefits for the shareholders and stakeholders. The former means that the board should try their best to realize the most profit for the shareholders. And the latter means the board should consider the interest of employers, creditor, consumers, environment and other stakeholders. It seems obviously that companies bear social responsibility is very necessary, while there is no any further specific regulation about it in the amendment of Company law in China.In this paper, I will make my efforts to solve the issue of shortcoming about regulations in Corporate Social Responsibility in current law and analyze how to safeguard the fulfillment of responsibility for the companies. For writing this paper, I read a lot of papers and journeys in order to define the concept of Corporate Social responsibility from legal term and tell the difference between legal obligation and moral obligation. After that, I point out what shall be regulated in the law and how to protect enforcement of companies based on the oversea advanced experience.The article is divided into four chapters.Chapter one Definition of Corporate Social ResponsibilityIn this chapter, the author mainly cited and criticized the definition of professors in other countries and international organization. In the end, I made my understanding of this concept.Chapter two Content of Corporate Social ResponsibilityIn this chapter, the author explored the concrete content of Corporate Social Responsibility through introduction of relevant theories about the reason of companies burdening the social responsibility.Chapter three Legislation of Corporate Social ResponsibilityIn this chapter, the author analyzed oversea practice in the field of Corporate Social Responsibility and found the advantage to help the improvement of the legislation establishment of Corporate Social Responsibility.Chapter four Protection of Corporate Social ResponsibilityIn this chapter, the author submitted the corresponding actions of protections in fulfillment of Corporate Social Responsibility under current legal structure.