A Study On Corporate Social Responsibility

On 12^th September,2008,the incident of San Lu poisonous milk powder was made known to the public.The incident not only awakes the public to pay attention to the return of moral criterion and merit notion,but also drives the scholars of the law field to study Corporate Social Responsibility(hereinafter referred to as "CSR") to a deeper level.The financial crisis that broke out in 2008 results in the laid-off of many people.This crisis forces the CSR study to another peak.But there are many problems which are still in dispute at home and abroad.This dissertation explores what is CSR,the relationship between stakeholder legislation and the CSR realization and the stakeholder governance measures in order to realize CSR in China under global context by the methods of historic analysis, comparative analysis and positive analysis,not following the research route through which the majority scholars prove the necessity of CSR theoretically,aims at developing new research field,and promoting the CSR realization mechanism in China.The dissertation is composed of the following four chapters:The preface briefly introduces the hot issues of CSR in theory and practice.At the same time,I point out that I try to study the realizing mechanism of CSR in terms of stakeholder in the paper.ChapterⅠintroduces the development of CSR in some western countries and the effort of international community.It compares the concept of CSR at home and abroad in detail on this basis and brings forward the author's ideas.ChapterⅡdiscusses the stakeholder concept that wants to realize CSR through reform of director's obligation in America.Stakeholder clause was passed under the situation that corporations are faced with the hostile threat,so it cannot be applied to any case under all circumstances.But stakeholder clause is an innovation to traditional theory of corporation law.ChapterⅢanalyzes the difficulties in realizing the mechanism of stakeholder theoretically and in practice.There are many problems in stakeholder theory,such as no definite scope of stakeholders,how to protect the benefit of the stakeholders and how to sue when stakeholders' benefit is infringed.Pragmatism is accepted by American courts in practice.The chapter makes a judgement of various ideas and makes some analysis that former scholars have not done.ChapterⅣintroduces the problems that exists in realizing mechanism of CSR—stakeholder governance in theory and practice in China.The chapter points out that maybe China has no suitable condition to realize the stakeholder clause under the economic situations at present.We should combine the government power with civil strength to realize CSR.The conclusion indicates that the concept of CSR has gained the popular support. The important thing is to learn the instructive experience,build up our realizing mechanism of CSR,and enhance Chinese enterprises' competitiveness.