The Legal Regulation Of Corporate Social Responsibility

The"Corporate Social Responsibility", since has been proposed, is always the hot spot which attracts the attention of the company exploiters, the shareholders, the economical scholars, the legal scientists, the legislators, and the public figures from all walks of life as well as the international organizations all over the world. At present, lots of countries have realized the legalization of their"Corporate Social Responsibility"through the legislation and the precedent legal cases, at the same time, the international organizations have also formulated the related rule and regulation in order to play a supervision role in urging the establishment of effective system for realizing the"Corporate Social Responsibility".In China, compared to other western countries, the situation is backward and stagnant in understanding and accepting the corporate social responsibility. Along with the establishment of socialist market economy and under the influence of the reform and open policy, especially after having joined the World Trade Organization, it is becoming more and more clarified that all the companies should be recalled to undertake the social responsibility and this request is considered popularly as objective and unavoidableThis article has first proven the justice of the Corporate Social Responsibility and the rightness in elaborating the relative legal regulation, the argument is as followed: on one hand, the individual company will certainly benefit from undertaking the social responsibility which concretely speaking will be demonstrated in realizing the profit demand of "the economic entity" of company, in harmonizing the polyvalent interest relationship between company stockholders which is inherent from the complex structure of shareholders'rights and in enhancing the efficiency of company operation. On the other hand, any company namely"the social people" is obliged to undertake the social responsibility, cause "the social principal and moral" requires every company to undertake its social responsibility, and equally the company has the obligation to promote the realization of social responsibility. Based on the argumentation in justifying the existence of corporate social responsibility, it is further proven the rightness and the necessity of legislation in this regard. The law and the moral are seen as the social rules; however, the law is the threshold of morals. Since on the point of moral, it is not opposed to undertake the corporate social responsibility, then, in order to satisfy the human society's basic need in looking for development (for example guarantee of labor safety, control on pollution, consumer protection and so on), the corporate social responsibility has to be legalized to become a compulsory duty which the company will have to observe. At the same time, the objective reality of economical development urges the popularization of corporate social responsibility with a view to guarantee that during the process of self-value creation, the company could also play a positive role in advancing the economy growth of our country and enriching the content of people's daily life.In other countries and the European Union such as US, Germany and so on, all have the practices contributing to shed some light in elaborating the legal regulation about corporate social responsibility, This present paper has introduced in detail the content of these practices, and summarized the experience overseas which may be profited from on our part in standardizing the legal system in regard of corporate social responsibility. The legal system on corporate social responsibility is the children of the really existing social demand. To note that in the content and the form of legalization, it is proposed to be diversified.Since the founding of P.R.C, the present situation of corporate social responsibility legislation has displayed as the following: "The company undertakes the social responsibility" has been clarified and bounded by the law in view of the protection of relative shareholders and various investors, and of encouraging the company to undertake the social responsibility. Certainly, the legal regulation in our country about corporate social responsibility need to be unceasingly consummated, and several points need our attention: paying equal attention to the law and the morals about corporate social responsibility, rectify the value orientation in legislating the corporate social responsibility, enhancing the role played by the government functional departments, the professional associations, the news media and the non- profit organization in standardizing and promoting the corporate social responsibility Benefiting from myself working experiences, in my present paper, I would like to carry on the analysis about the social responsibility and practices fulfilled by the Sinochem Fertilizer Co.,Ltd. and I hope that this present paper will provide the reference for the ulterior consummation of construction of a solid corporate social responsibility system in the interior of Sinochem Fertilizer Co.,Ltd..