The Research On Mechanism Of Corporate Social Responsibility To Achieve

As a member of society, modern company's existential value is not only in the pursuit of profit, but also in safeguarding the interests of other stakeholders and committing to social responsibility. Therefore, formulation of the theory of corporate social responsibility (CSR) is a kind of subversion of the traditional theory of company law in a sense.CSR refers to basing on seeking to maximize the value of shareholders, the company and its directors assuming an maximum obligation to promote the interest of stakeholders; This obligation includes legal obligations and moral obligations in which legal obligations on the enforcement procedure can be applied and moral obligation can only try to persuade; Stakeholders'interests limit to the interests of employees, consumers, creditors, local community, environment and social welfare. CSR should include:the responsibility for employees, creditors, consumers, environment and resources beneficiary, local community and social welfare. The social responsibility of real estate business especially on that for the homebuyers and minor contractors. Some theories such as corporate contract theory, the company's stakeholder theory, and moral strength theory about modern company's core competencies are the main theoretical basis of CSR.Beyond the seas, the states authorize or mandate the directors taking the interests of stakeholders into account in their business operation in Company Law and at the same time court uses of "Business Judgment Rule" to encourage company directors to fulfill their social responsibility in USA; EU countries generally lay particular emphasis on the corporate governance mechanism, primarily through employee participation system to promote CSR because of their labors union's strong power; It is distinctive in the protection of interests of company's creditors by use of main bank system and corporate bondholders meeting system in Japan; The practice of foreign CSR provides the following useful insight on the improvement of our CSR implementation mechanism:establishing the terms of stakeholders in Company Law, strengthening the monitoring capacity of NGO, establishing of evaluation system of CSR.Based on the practice of CSR of USA,EU,Japan, first of all, this paper expound the significance of perfecting our CSR implementation mechanism from the point of safeguarding the interests of stakeholders; Secondly, this paper also analyzes the situation of our CSR implementation mechanism from the perspective of the real estate business that its role in practice do not play well mainly due to the fragmentation and non-systematization of the relevant legal provisions and the lack of self-contained complete social system; Finally, this paper offers the following proposals for improvement:clearing the assuming entity, scope of obligations and legal consequences of CSR,promoting the functioning of relevant government agencies,improving the governance and incentive mechanisms of corporate,strengthening supervision and guidance of industry associations,enhancing other NGO intervention capacity.