Research On The Legal System Of Small And Medium-sized Enterprise Social Responsibility

The movement on Corporate Social Responsibility (hereinafter referred as CSR) has flourished since last century, which grabbed all the experts'eyes in the field of corporate law. The focus of the growing researches mainly targets on the aggravating problems coursed by the giant enterprises and thus the corresponding measures are basically hitting on them, which consequently, gives rise to the fact that the responsibilities on small or medium-sized enterprise (SME) have been little discussed. On the other hand, the core of the topic concerns the perfect legal framework. Even though our law on companies, partnership, products, consumer protection, labors and environment protection and so on have determined, directly or indirectly, a good many of rules on the field, these legal strategies are either too general or hard to implement due to the lack of weak oversight mechanisms. Therefore, this article attempts to visit these mechanisms in the context, based on the methods of comparative analysis and empirical analysis.To this end, this article grouped the materials into 6 categories.The first part gives out some basic ideas on SME Social Responsibility. This section inspects and analyses the academic researches on CSR, on the basis of the definition of CSR to make the author defined, namely: CSR is to the enterprise's responsibility to maintain and enhance the social interest, specifically the stakeholders'interest. Meanwhile, this part defines the connotation and scope of the SME responsibility.The second part turns to investigate and organize the evidence on the shortage of the SME Social Responsibilities in our legal framework into four aspects, such as being indifferent to the employees'interest, ignoring the environment protection. The author wants to examine the core of the courses for the absence of the SME Social Responsibility.Part three analyzes the plausibility and reasonability in the context. Shareholders are clearly undertaking the risks and their products play an important role in the daily life, but stakeholders also take relevant risks, so SME should be responsible for stakeholders. Meanwhile, SME Social Responsibility will help itself to survive and develop in the market.Part four examines the current laws in the field, such as the company law, the partnership enterprise law, "product quality standard", "consumer rights and interests protects", "labor law", "labor contract law, the environmental protection law. As been discussed above, the weaknesses are obviously to find out, and the provisions specifically for SME Social Responsibility is still blank.The fifth part is the suggestions about how to construct the legal system of SME Social Responsibility. This section starts by introducing USA and Europe relevant knowledge and sum up some inspirations, and then offers proposals, such as setting up a general idea about CSR, adjusting corporate governance structures and establishing encouragement mechanism.The sixth part is about the external supervising mechanism of the SME Social Responsibility. Because of the tendency of ignoring CSR and the difficulty of internal supervision mechanism, it is important for to establish the external mechanism for SME to undertake SME. This section is to discuss the external mechanism of SME Social Responsibility.