Study On Some Legal Questions Of The Social Responsibility Of Transnational Corporations

The social responsibility of transnational corporations has become a hot topic in recent years, and its theory development and legislative practice are always the focal points between theorists and the practical realm. Because of some complex factors, a series of new problems have been triggered. First, the theory of social responsibility and legislative practice is relatively outdated. Second, the developing and host countries have special and relatively relaxed environment. Third, transnational capital is continuously expanded. Fourth, the conflict is deepened among the economic globalization and the social responsibility of the social responsibility of transnational corporations. All those new problems are mainly about the weakening of transnational corporations in our country and even in developing countries, which makes the tremendous adverse effect to our country's economic and social development. The main purposes of this paper are: to get a deep, overall and systematic knowledge of the social responsibilities of the transnational corporations through analyzing the legal issues of the transnational corporations'weakening of social responsibility in the developing and host countries; to sum up the deep-seated problems that have occurred, and discover the feasible approaches which are standard and consolidation for the social responsibility of transnational corporations. This article mainly depends on the common company community responsibility. However, in the part of transnational corporation, the discussion is mainly carried on the method of comparative analysis.There are four parts in this paper. The social responsibility of transnational corporation is generally discussed in the first part. The second part Overall carries on the introduction to law of the social responsibility of transnational corporation .The third part focuses on analyzing the weakening corporate social responsibility of transnational corporation and probing into its causes in the view of our country. Then, the emphasis is mainly added to the reflections of strengthening the social responsibility of transnational corporation in the last part.The social responsibility of transnational corporations is generally discussed in the first part, in terms of the definition of the social responsibility of transnational corporations and the related rules of international law and domestic law. In the first place, the origin and development of social responsibility of corporation are briefly introduced and then comes to the conclusion that the weakening corporate social responsibility of transnational corporations has become a development trend in the expansion of economic globalization. According to the current leading theories of The social responsibility of transnational corporations, the connotation of corporation social responsibility is weaken. Then, analyze the unique connotation in The social responsibility of transnational corporations by comparative analysis method, which is based on transnational corporation this special main body. Thus, it is necessity to carry on the social responsibility of transnational corporations'standards. It is depend on its special position and the functions.The second part is analyzes the legal mechanism of the social responsibility of transnational corporations as a whole. It is mainly including International law and national law. Intergovernmental International organizations and Non-governmental organizations are to formulate legislations about the social responsibility of transnational corporations. Transnational corporations also establish internal standards. These constitute the system of International law of the social responsibility of transnational corporations. But this legal mechanism also has a lot of deficiencies. It is one of the reasons that transnational corporation is weaken carry out its social responsibility. This part mainly discusses the national law about the social responsibility of transnational corporations about United States, England, German and China .Then want to find what deficiencies and the differences in it.The third is mainly analysis the phenomenon and the reasons of weakened social responsibility in transnational corporations in the perspective of our country. The conflict between economic globalization and social responsibility of transnational corporations is mainly reflected on the weaken of social responsibility of transnational corporations, and China as the representative developing countries is particularly prominent. It is discussed mainly from the country's economic security, human rights, environmental protection. In the analysis of reasons, this paper analysis the root causes of weakened social responsibility of transnational corporations in the developing countries from the general reasons and special reasons of our country. The common reasons ,which cause the weaken social responsibility of transnational corporations, including the special nature of the developing countries, the difficult of legislation, the different evaluation criteria of social responsibility between transnational corporations in the developing and host countries , the heterogeneity of implement social responsibility, and the complexity of management. The special reasons, which cause the weaken social responsibility of transnational corporations, are the impact of economic structural reform, the excessive interests from some local governments, the lack of checks and balances with the same interests corporations in China, the ignorance of protecting country's economics, the strategy adjustments in China, and the weak power of trade unions.The four is mainly to strengthen to consider the social responsibility of transnational corporation s. At the macro position to put forward legal mechanisms to strengthen social responsibility of multinational companies to achieve, inculding the overall decision-making mechanism of transnational corporations and its legal arrangements, the realization of the legal form and legal measures of social responsibility of transnational corporations, the social responsibility of multinational companies will be included in WTO to establish an effective system of implementation mechanism. Our country should strengthen the legislation of social responsibility of transnational corporations, to introduce the principle of civil liability of domestic law into the commitment mechanism of social responsibility of multinational corporations to ensure the safety of human rights, to strengthen the drumbeating of the concept of social responsibility of multinational companies and the measure including the building of our country's trade unions and so on to achieve purpose to strengthen social responsibility of multinational corporations...