A Study Of Corporate Social Responsibility On The Perspective Of Jurisprudence

In this thesis, the author first analysis the conception of Corporate Social Responsibility (CSR), then quotes the argument in Economics theoretically to demonstrate the rationality of the existence of CSR, and analysis the nature of CSR form the standpoint of jurisprudence to discuss the category of Corporate Legal Responsibility among CSR, then puts forward the four-factors assumption about CSR. On the basis of the exploration of the CSR development in other countries and areas worldly, the author compares the advantages and disadvantages of the development of CSR in China to probe the way into legal construction of CSR in China.The author answers three questions about CSR from the view of jurisprudence, there are what is CSR? Why it exists? And how to do in the construction of Chinese CSR development? For the first question, there is no unified definition about CSR in Chinese legal theory horizon, so the author translates CSR literally. Logically speaking, CSR is Enterprise Social Obligation in Chinese, which comes form Corporate Social Responsibility in Corporate Law. It is the synthesis which contents Corporate Legal Responsibility (CLR), Corporate Financial Responsibility (CFR) and Corporate Moral Obligation (CMO). For the second question, the author thinks the reason about the development of CSR is the rise of social law, that is the rise of social benefit and the challenge for standard of society to personalism. And the third question is about the legal construction of Chinese CSR, which is the final purpose of this paper. Based on other scholars'research findings, the author summarizes the approaches about development of CRS in China. Firstly, as to the legal construction of Corporate Legal Responsibility, we should consider the way how to make it true, that is to say, which kind of legislation model shall we choose? the centralized one? or the decentralized one? According to these, the author gives the assumption of Chinese CSR Law. Secondly, as to legal construction of corporate financial responsibility, we should take measures as follows, for the morals which observed by people and needs to be legislated, we should legislate morality, for the others which need not to be legislated, we should regulate them through the soft law such as business ethics and so on.