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Legal Realization System Of Corporate Social Responsibility

Posted on:2010-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:X N JinFull Text:PDF
GTID:2166360278473467Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The company is not purely an economic organization; it has a social obligation of certain degree. Non-shareholders constituencies contributed resources and property to the companies, so companies must take their social responsibility. Corporate Social Responsibility is not only conducive to recognize and protect the rights of the constituencies of company, but also mobilizes the enthusiasm of participants that brings more benefits for the companies' shareholders. Corporate Social Responsibility is the objective requirement of the certain growth stage of marketplace economy.The main content of Corporate Social Responsibility includes responsibilities for creditors, customers, beneficiaries of the environment and resources and the community where the company is located. Abroad, in the United States, primarily through improving business of law system, which is outside of the corporate law, to effect corporate directors' decision-making behavior in a way to protect the stake-holders' interests. European countries promote Corporate Social Responsibility mainly by encouraging employees to participate corporate governance. Japan protects the interests of the creditors by its main credit bank system and the creditors meet system.The realization of Corporate Social Responsibility relies on reasonable and effective Corporate Social Responsibility realization system. "Company Law of People's Republic of China" has confirmed the idea of Corporate Social Responsibility, and also stated that the company should bear certain social responsibility. It is undoubtedly effective to supervise, to a certain extent, the companies to carry out its responsibility and helpful to set up social responsibility system in the company law. But the realization system of our country is not complete, the existing business laws and regulations are not very systemic and lacking of co-ordination. As to the corporate governance legal system, the stakeholders can not influence corporate decision-making and supervise the corporate effectively, because some important supporting measures are imperfect or lacking. The adjustment of the Corporate Social Responsibility system of our country is a long-term task, and it should be adjusted based on the situation of our own country from time to time. The law-makers should make good use of the law system, and special attention should be paid to the interest of the corporate. The companies should perform its social responsibility more positively. The law-makers should consolidate existing legal resources, strengthen collaboration and coordination between the various Corporate Social Responsibility realization systems, improve relevant laws and regulations pointing to rigorous implementation, put the idea of protecting the interests of other stakeholders into legislature value of corporate law, improve the worker's congress system, employee-directors system and employee-supervisors system, grand company's creditors the rights to supervise the corporate operation and sue the directors of company, establish the public interest litigation system and the Corporate Social Responsibility standards of China, make effective mechanisms for stimulating the performance of Corporate Social Responsibility, set up guidance for directing companies in participating various certification related to Corporate Social Responsibility, etc.
Keywords/Search Tags:Corporate Social Responsibility, Stakeholder, Realization System
PDF Full Text Request
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