The Study Of The Legal Issue Of Corporate Social Responsibility

Since Sheldon put forward "Corporate Social Responsibility"(CSR) in1924,theacademic circle basically formed two opposing views,that is whether the corporationshould bear the social responsibility. After decades of academic debate and discussion,the theory of confirmation CSR win an advantage, which corporation should abandontheir traditional sense of profit first supremacy, undertake social responsibility tostakeholders who related corporate operation.While the affirmatives reach an extentagreement on how to bear the social responsibility, they alway have different views onhow to define the connotation of corporate society responsibility.On the law practiceof CSR, Although the countries of different genealogies of law have not perfectpractice but have numerous achievements. That has a certain reference value on thelegislation of our country.Our academic circle is also have a high enthusiasm andnumerous achievements on the research, but the legislation is still in its infancy, thereare many shortcomings need to be further improved.This thesis is divided into four chapters.The first chapter is summary of the CSR.The first part focuses on the two opposing views of the CSR. and unified the currentproposition of CSR and company social responsibility. Elaborated the sense ofassuming the CSR in four aspects as follows: prevention of abusing economic power,enhance the competitiveness and influence, protection of stakeholders’ rights andinterests, alleviating social disputes and promoting the construction of HarmoniousSociety.The second part mainly introduced the definition of the content of CSR by theacademic circle of both here and abroad, and then define the conception andconnotation of CSR by myself.This paper argues that the connotation of corporatesociety responsibility should be included: the responsibility to the government, theresponsibility to the workers and staff members, the responsibility to community, theresponsibility to consumers, to the obligees, the responsibility for the environment andsocial welfare.The second chapter mainly introduces legal practice on abroad, the United States,Britain, Germany as the research objects.The third chapter introduces the present situation of CSR in China, including thepresent condition of legislation and practice, and the construction of evaluation modelof CSR in China.The progress of our country mainly manifests in the legislation fromscratch. There are three codes explicitly refer to the CSR, according to thechronological is as follows:"The Company law of People’s Republic of China","The Partnership Enterprise law of the People’s Republic of China" and "the EnterpriseState-owned Assets Law of the People’s Republic of China". Some administrativeregulations and local regulations also have rules, such as " the Guidance on theCentral Enterprises to fulfill their social responsibility","Shanghai Corporate SocialResponsibility Ordinance." Insufficient mainly embodies in: the phenomenon oflegislative absence is obvious; legislation is so dispersed that there is no formativesystem; Relevant laws and regulations are not perfect and un-maneuverability.Embodied practic progress: in the past three years, the implementation of CSR isbetter, the report of the implementation published by companies become more andsome are excellence. The deficiencies in practice is: awareness of CSR is weak, thereis a conflict between CSR, Supervision by local government is delayed, otherstakeholders lack the basic legal knowledge to vindicate their rights. The research onthe evaluation model of CSR in China is advanced, which researched by CSRResearch Center of Chinese Academy of Social Sciences Economics Department.The fourth chapter research how to perfect legislation on CSR in China. The firstpart is compared single-legislation, multi-legislation and comprehensive-legislation,and obtained comprehensive-legislation as our choice in this article, which mainlyperfect the Law of Corporate Social Responsibility, supplemented by other legaldepartments. The second part introduces "The Corporate Social Responsibility Law ofPeople’s Republic of China"(draft), which is divided into ten chapters: Chapter IGeneral Provisions, Chapter II Processing for Government Relations, Chapter IIIProtection of Employees’ rights and interests, Chapter IV Community Protection,Chapter V Consumer Protection, Chapter VI Protection of Obligee, Chapter VIIEnvironmental Protection and Sustainable Development, Chapter VIII Social Welfareand Charity, Chapter IX Punishment, Chapter X Supplementary Provisions. The thirdpart improve the legislative system of CSR from the legal department of the CompanyLaw, Corporate Law, the state-owned assets law, Consumer Protection Law, theProduct Quality Law, Labor Law, Environmental Protection law, Social Security Lawand so on.