On Corporate Social Responsibility By The Sanlu Milk Event

With the rapid development of economy, some companies waste resources, damage the environment, operate illegally and damage the interest of consumers and the public in pursuit of high profits. Food is the innate need for human survival. However, in recent years, the major security accidents of food bring much shocking to people. In the late of 2008, Sanlu milk incident pushed the food safety to the cusp. The community pays a heavy price because of damaging the interests of the consumers. More and more academics, government and the community have gradually realized that enterprise management is not only the behavior of individual enterprises, but also related with the public interest.Then, scholars research the necessity and the theoretical basis for corporate social responsibility (CSR). The government intervene the corporate behavior through the administrative and economic means. At the same time, the government enhances their consciousness of CSR and regulates their behavior which is in order to get high profits. The community advocates CSR in order to get popular support.The Central Party Committee recently proposed setting up and carrying out humanist, comprehensively coordinated the sustainable scientific development concept and the construction socialism harmonious society's important strategic mission, each parties concerned realized that fulfills the community responsibility to the impetus enterprise, is carries out the scientific development concept the definite move, this is also the enterprise participates in the basic way which the harmonious society constructs. At the end of 2006, Hu Jintao, general secretary on the Central Economic Work Conference, clearly pointed out:"we must continue to improve the incentive mechanism, and pay great attention to strengthen enterprise exterior restraint, guide enterprise to set up the modern management ideas and undertake the community responsibility earnestly ". In 2008, SASAC issued the first document "on Promoting CSR Central Guidance", so CSR movement in China has entered a new stage of rapid development.CSR as an interdisciplinary field of study compatible, together with from economics, management, law, sociology, ethics and other multi-disciplinary research perspective projection. The multi-disciplinary research prisms not only let us see the color has been motley, image three-dimensional research picture, more unceasing impetus enterprise community responsibility theory and practice vigorous development. However, with the practice of CSR movement in full swing, the practice is also urgently needed our theory to give the further deepening and the response, which is our research with emphasis from the legal science angle consideration: What is CSR, What is CSR to bear the legal basis, which society responsibility to take, how best to implement corporate society responsibility.The reason why we take the corporate society responsibility, by no means we already had the explicit understanding to the corporate society responsibility. So the first part of the article, the concept of CSR start to explain the views of various scholars and organizations to further explore this very controversial concept. As CSR is with the traditional respect for corporate to maximize profits confrontations developed, it can be said that the principles of maximizing corporate profits continue to amend and supplement. In legal science scholar's each kind of elaboration the author believes that at this stage in China, the first thing of CSR is to "do themselves" , the corporate produces the product of the social need ,satisfies social the demand, this means that the enterprise has fulfilled the society to enterprise's essential requirements. Secondly, CSR is manifested in two aspects: one is the legal responsibility. In the other hand is moral responsibility.If CSR first and foremost responsibility is a legal responsibility. In the article's second part focuses on international organization and the West developed countries by developing specific internationally accepted principles and standards, or defined a specific legal systems for the reference discussed. As the current international is not yet the prevailing CSR standards and norms in all developed countries, the law, especially CSR of developed Europe and the United States and with our neighboring Japanese law, in the different departments to criminalize CSR to forcibly law form be detailed provisions, The Chinese CSR in legislation positive reference. Addition reaffirmed Chinese from all angles, from different legislative directions CSR law.By the former two parts of detailed elaboration combining domestic currently CSR development status ,writer proposed CSR in the domestic development question: first, enterprises understanding misconceive: Or enterprise social responsibility deemed burden or unilaterally will CSR formalization or just to cope check; second, In the legislation formally as well as in the legislative intervention control's criterion, the corporate community responsibility at the same time is the legal liability, on the other hand the moral duty, how to use the legislation. How to grasp the legislation intervention level is also one of difficult problems, third, In the judicial referee, as a result of the enterprise community responsibility concept's fuzziness, the judicature recognizes is beset with difficulties. Addition, Chinese judges commercial referee literacy limited and lacking jurisprudence habits make them unable to involve CSR of elastic strong cases judgment. Through analysis, one is concepts missing and the other is system unreasonable. So how to implement CSR in China between the legal responsibility and moral responsibilities? Here the article points out: first we must propaganda widely including corporate, consumers and public. Second, we should establish and perfect corporate Governance Structure. Third we must establish CSR evaluation system. Fourth we introduce CSR information disclosure system. CSR's implement both cannot leave the legal liability the compulsion restraint, and cannot leave the moral the flexible restraint. It is a long-term work to display the two functions which can not complete overnight.The proposal of CSR and it requires a certain material base and the development of society. The corporate responsibility is different as the results of different social patterns and social material wealth accumulation. To Chinese corporate, CSR is a new issue with the challenges and opportunities. With the development of marketing economy, the socialized degree will enhance and the public administration reform deepening unceasingly. Social and enterprise's relation will be getting more and more closely. With the reasonable guidance and attention to the corporate community responsibility in the legalization and the commercial operation appearance understanding deviation, we will guarantee the Chinese corporate to take the corporate community responsibility and restrict it to the healthy movement and development.