On The Perfection Of System Of The Global Compact And Corporate Social Responsibility In China

After experienced the rules of inner production and the rules of external production, Kofi Annan, the secretary-general of U.N., brought forward the"Global Compact"Plan. The Global Compact is commonsense in the fields of human right, labor and environment, and anti-corruption. This is the first time that the concept of"social responsibility of company"is constituted in the Company Law, but, lacking of specific provisions, with difficulties to apply, it turns into a law on paper. Global Compact represents the common direction and principal of the development of company's social responsibility, and fits the inner needs to construct harmonious society. First, the Company Law of China should learn from the concept of Global Compact, enhance the specific content of company's social responsibility. Second, When institute the articles of rights and responsibilities of directors, inspectors, and senior management in the Company Law, regulations on the consideration of interest of related interests should be put into the rights and responsibilities of directors, inspectors, and senior management,rather than the only consideration of the interest of shareholders. Third, in the charter of Legal Liabilities of the new Company Law, there is no article which involves in the legal consequences when companies do not fulfill their social responsibilities. The author suggest that it is necessary to add Legal Liabilities against the companies when not fulfill their social responsibilities. Forth,Global Compact sparkplugs the system of annual report of company's social responsibilities. Accordingly, the system of annual report of company's social responsibilities, as an important disclosure system, also can be erected while constructing the financial system. Fifth, it is valuable to the globalization of the Chinese Laws, to the improvement of the skills and the theory of law-making, and to the perfection of the system of company's social responsibilities that we follow the principal of Global Compact when making, amending, and interpreting the laws and regulations of company's social responsibilities.