| As the economic globalization keeps developing, the status and role of the transnational corporations (TNCs) in the world economy are more and more important. With the promotion of economic development and the people's welfare in a country the TNCs operated in, it also bring about a series of social problems, such as the violations of labor rights, the damage to the environment and so on. So, the issue of social responsibility of TNCs is drawing much attention all over the world. Either in theoretical circles or in practical circles, there has been generally reached a consensus that the TNCs should undertake social responsibility. This is embodied in legislative practice and the overall conduct of TNCs. Both in international law and national law, the legal regulations about social responsibility of TNCs have formed an initial system which is improving constantly. TNCs also formulated norms of conduct to guide their own to fulfill social responsibility. But, these legal regulations and norms still have many inadequacies. On the foundation of current research in realm of social responsibility of TNCs, combining with the realities, in the sight of law, I formulate the problems about social responsibility of TNCs systematically, and put forward some personal views.Part one of the article discusses the basic theory of social responsibility of TNCs. Firstly; it introduces the background of social responsibility of TNCs. Secondly; beginning with the understanding of"responsibility"and the meaning of corporate, it illustrates the meaning of social responsibility of TNCs, pointing out its specialness. And then it puts forward the extent of TNCs social responsibility. Next, there is an introduction about four theories of social responsibility of TNCs: the contract theory, the stakeholder theory, the realistic law theory and the social benefit theory. Last, it analyses the necessity of TNCs undertaking social responsibility.Part two of the article focuses on the foreign legal practices about corporate social responsibility. It introduces the legal theories and practices of America, European Union and some other European countries, which are about regulating the corporate social responsibility and the social responsibility of TNCs. And it pointed out that these foreign legal practices have references to the regulation of social responsibility of TNCs.Part three of the article is about the main implementary modes about social responsibility of TNCs and their valuations. The implementary modes of TNCs mainly include formulating the product code of TNCs and issuing social report on their own accord, but these modes are all implemented by TNCs voluntarily, having limitations. The SA8000 standard is a more important one among the norms of social responsibility made by non-governmental organizations, thought being recognized by the international community, it still has some problems such as the content is not comprehensive, and the Certification Fee is higher. Among the intergovernmental regulation of social responsibility of TNCs, there are four concerning most people: Global Compact of U.N., Norms on the TNCs of OECD, Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labor Organization and Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights of UNCHR. However, these norms are all arbitrary, non-binding, making the effects much weakened.Part four of the article puts forward legal suggestions for our country regulating the social responsibility of TNCs. First of all, it discusses the problems about TNCs fulfilling their social responsibilities in our country and the current situation of legislation and law enforcement about corporate social responsibility in our country. Then it puts forward four suggestions: First, our country should take an active part in the formulation of international rules about social responsibility. We should promote the formulation of international rules which are binding and can be applied directly and play an active part in making the international standard of social responsibility. Second, we should strengthen the building of the legal system from legislation and law enforcement. Third, we should collaborate with the home countries of TNCs in China, in order to regulate the social responsibility of TNCs together. Four, we should accept and implement the soft laws of social responsibility of TNCs actively. |
