Rethinking About The Theory Of Corporate Social Responsibilities

Corporate social responsibility is a new theory in the field of our company law, The academic perfect the research of the theory with the confirmation by the company law, however, with its damning compliment, we must realize that there are many shortcomings in our social responsibilities. Based on the corporate social responsibility theory, the paper dig it and make further thinking for the enrichment and perfect of it.The paper totally consists of five parts, adopts parallel structure arrangement, perfect the corporate social responsibility through the review of connotation, properties, characteristics, extent of liability, judicial referee , etc.Part I, corporate social responsibility connotation adopts the expression of purpose. But in fact , what it expresses is the existence meaning or necessity of the corporate social responsibility theory, as for what's the corporate social responsibility itself, the difference with other responsibilities, not become visible because of the expression of behavior purpose, definition of list can not end all the content of corporate social responsibility and not in accordance with the development direction of corporate social responsibility as well; under a certain profit, the situation of win-win or multi-win is hard to appear, all of these make it an alien for corporate social responsibility. Based on the nature of corporate social responsibility, the paper ensure its concept; through the summary of characteristics, confirm the difference to stipulate the connotation of corporate social responsibility.Part II, the scholars think that social responsibility which the company assumes is based on the economic strength, the socialism of the company and the business strategy of the market share that the company occupies. The paper thinks that the explanation for these basis is unenough, from the angle of history, corporate social responsibility aims to compensate the externality of corporate behavior, its originality is the power of company board director, it's for the inner management of the company and an authorized way for the company management. Therefore, we must return to the corporate government at the time of recognizing corporate social responsibility.Part III, define the properties and characteristics of the corporate social responsibility into responsibility is improper. The composition and repetition of the corporate social responsibility with other responsibilities is ubiquity, when cognizancing the charactors of a certain action, refer to the different time inerval,different places, the cognizancing of the corporate social responsibility may different. Accordingly, this theme believed that the corporate social responsibilty in character is the obligation of the corporation, though disobey this obligation will have some negativity evaluation in morality and justice even in juristic, there is no law power of enforcement to guarantee the implement; for this issue, the cognition of original theory is inconformity with the generic cognition logic, it do not hold the content of the specific difference in the specific difference addition genus. This article believed that the corporate social responsibility at least have some characteristics as bellow: when undertaking the corporate social responsibility, on one view of that actions are keep on the right side of the law, and have the notable symbol, which is the corporation action highly beyond the lable of the legal rule;taken the voluntary as basis; taken the company economic strength as backup force. We can make a distinction between the corporate social responsibility with other social responsibility only by its characteristics effectively.Part IV, refer to the cognizance of the scope of the corporate social responsibility, the exist corporate social responsibility theory including the social responsibility for the staff,the consumer,the creditor,the beneficiary of the environment and natural resources,the social well-being and the public welfare establishments,the ubiety community and so on. But there is superposition and repetition between the so-called the cognizance of the scope of the corporate social responsibility and the responsibility of the legal rules, therefore, it is hardly to affirm that the same behaviour of one company in the society whether is fulfil the compulsory in law, or is the actiond undertaken the social responsibility, the nondeterminacyd conception for the stakeholderd leading to lacking relevant subject of right when undertaking the corpordate social responsibility, and the public will pay little attention to undertaking the social responsibility. The writer believed that the cognizance of the scope of the corporate social responsibility must have its own standards, and strictly in accordance with the standars to confirm that which behaviours are the company need to undertaken the social responsibility, therefore, we need to reject the related content of social responsibility in law from the exist styles of undertaking the corporate social responsibility, and take the characteristics of the corporate social responsibility as the main assessment to discriminate whether the behaviours need to undertaken the social responsibility.Part V, as for the deciso judicial dilemma of the corporate social responsibility, the deciso judicial scholars have different opinions on whether it has justiciability or not and how far it can carry through the deciso judicial, that is the focus of educational circles to animadvert on this theory. When using the theory, the judiciary's quality,the demarcation of corporate social responsibility connotation,the integration of area of responsibility are all the reasons for the deciso judicial dilemma, refer to this puzzle, the scholars try to find the solutions from multiple point of views, set up the theory frames which have more persuasion, avoid that the corporate social responsibility will be reduced to the"legitimacy"basic of enterprises burdened with socia lresponsibilities,"government intervention for enterprise". Therefrom, the scholars propose that it can come from the Commerce Department and other department to organize each guild and chamber of commerce according to their own practical situation promulgate, Supreme People's Court publish a batch of illustrativecase related to the corporate social responsibility in, to provide the subordinate court with logic support in affairs and some solution ways.The article bases on comparing all kinds of solutions, has its conclution that personal values and advocate rulesd should be clear and definite confirmed, and not non-preemptive rules, restore the corporate social responsibility to the authorizated rules of the company managers; ultimately, the undertaken of the corporate social responsibility should be enforced by company management organization, that is the decision-making of practical company managers and operators, which is the de jure reliance; should distinguish the developmental stage of its own,the behaviours corresponding duty, and the fact status of profit or loss; at the same time, the commitment of corporate social responsibility should be combined with the certification scheme.