On China's Corporate Social Responsibility Norms Of Justice

Corporation social responsibility criteria were written in Corporation Law in 1995, but only confined to the general provisions and were not defined in details in branch provisions, which make the items of corporation social responsibility difficult to apply to judicial judgment in the concrete cases. In addition, in recent years, the frequent outbreaks of mine accident, problem milk power incident, the donation of 5.12 earthquake and the layoffs issue in financial crisis make us realize the increasing importance of corporation social responsibility in our country. The actual effect of the law refers to the actual situation of positive law's enforcement, appliance and abidance in social life, that is, the law's actual effectiveness. The legislative philosophy that corporations shoulder social responsibility can not be confined to the items themselves, but be reflected in the implementation. The effectiveness of law is the law applicable in the concrete cases. Therefore, it is necessary to judicialize the corporation social responsibility criteria.This thesis, by applying the historical analysis method, attempts to investigate the reasons that corporation social responsibility criteria incorporated in the law, analyze the deficiency of corporation social responsibility criteria and the need of judicialization, analyze how to justify the corporation social responsibility by taking the U.S.A as an example and put forward the judicialization path of the corporation social responsibility on the basis of the analysis of our country's situation. The thesis falls into four parts:Part 1: Problem proposal. Details include: 1. the limitation of"soft regulation"of corporation social responsibility as a moral dimension. The execution of the"soft regulation"mainly relies on the corporation 's own initiative, so once the regulation is not followed in practice, no enforcement power can be used to ensure the implementation.2.the limitation and reflection of article 5 of the Corporation Law of the People's Republic of China which formulates social responsibility of corporations. Relative regulations about the corporation's social responsibility are so general in their statements in Corporation Law of the People's Republic of China that need to be judicialized.Part 2: The introduction need of regulations on corporation's social responsibility——A prerequisite for judicialization. Details include: 1.The cause analysis why the corporation's social responsibility was not included in the 1993 Corporation Law. Principal causes are the initial establishment of socialist market economy and the query of corporation social responsibility. 2. The cause analysis of 2005 Corporation Law's regulation of corporation social responsibility. Principal causes include the influence of economic globalization, the need of protection of benefit appeals for stakeholders and accumulation of the fundamental research on the corporation's social responsibility.Part 3: Judicial practice of the corporation's social responsibility abroad——taking U.S.A. as an example. Details include: 1.Several typical cases. To elaborate how social responsibility cases are judicialized through specific cases. 2. Inspiration to our country due to judicial practice of corporation's social responsibility, which are mainly the application of management judgment rule and advantage of case law countries.Part 4: The judicialization path of corporation social responsibility criteria in our country. Criteria of corporation's social responsibility are so general in their statements and hard to be used in specific cases in Corporation Law of the People's Republic of China that they need to be judicialized with the help of some judicialized technological measures. The thesis provided several advices below. Details include: 1. Analysis of article 5 of the 2005 Corporation Law of the People's Republic of China. Article 5 mainly is a peremptory norm and it should be seen as a principle rather than a regulation.2.The judicialized technological measures of regulations on corporation's social responsibility, which is mainly on judicialized technological measures for general provisions, for example technological measures of interpretation of law, technological measures of judgments and reasoning, technological measures of typification of cases.3.The discussion of the judicialization path of corporation social responsibility criteria, which mainly focus on legal basis and judicial proceedings of judicialization of corporation's social responsibility.