Jurisprudential Analysis Of Corporate Social Responsibility

Although Wittgenstein said:"Concept leads us to explore.”, the directly impactand collision of the reality made us to reflect the theory. Since the concept ofCompany Society Responsibility was born, it has remained active in the field ofpeople’s vision. Whether it is the reflection of the academic circle or it is theformulation and update of the laws in reality. At the same time, it is also the focus ofpublic media.But the reason why it is so debatable and perennially new is that thistheory is very diversity, the theoretical definition is blurry, and the numerous schoolof the thought foundation, and the development and update of the theory are everchanging. All of these will lead to theory confusion, and it will also lead to theconfusion in practical. The discussion and practice of Company SocietyResponsibility also emerge in endlessly. So how to define the main thought ofCompany Society Responsibility is very important for the correct leading of companybehavior.At the same time, to achieve the construction of legal system of CompanySociety Responsibility comply with the benefit between the company and socialdemand. It is helpful for the harmonious development of economy.History is always amazing similar. Today’s China not only in the importanttransformation period of economic and social development, but also in the era ofagitates thought. This is the most prominent point in the field of Company SocietyResponsibility’s research and practice.Face to the numerous thought collisions, thepaper writing will be completed by taking the source of Company SocietyResponsibility as a starting point, taking the analysis of legal principle as theimportant point, and taking the improvement of the legal advice on China’s CompanySociety Responsibility as the standpoint.Based on the above cognition, this paper will be written in the following steps.First, it will trace back to the history of the theory development. It is the foundationof the research and practice on Company Society Responsibility. During this process, the brief retrospect of the outstanding research results on the theory evolution isnecessary. This part elaborates the stage of the Company Society Responsibilitytheory development and its significance, and it also introduces the common basiccontent of Company Society Responsibility. This part focuses on the differences andrelationship among the three stages of the Company Society Responsibility theoryand its significance. At present, owing to the start point of Company SocietyResponsibility research is similar to the period of enforcement of the full capitalismin western. It will be helpful for us to distinguish the theory debate in today’s China ifwe study the debate on the necessary of Company Society Responsibility. Then wewill have more practical thinking and cognition to the legitimacy and performance ofCompany Society Responsibility. Through this part, we can better grasp thedevelopment rule and the future direction of Company Society Responsibility.The following chapter of this paper as an important part of this thesiscomprehensive analyzes the Company Society Responsibility from legal perspective.The reason why I choose jurisprudence is not only because of my own profession, butalso because of the jurisprudence has the basic function of enlightening the legalconcept, establishing the legal idea, guiding the legal implement. The traditionalconcept of the company jurisprudence is leading by the free market economy.Therefore, assume that the market is perfect and no defects, its basic idea is to pursuethe maximum profit as the core part, to maintain the market opening, and to competefreely. The great changes of modern society make the original classical free economytheory loose its leading role. In this part, I will try to solve the problem of CompanySociety Responsibility’s legitimacy. I will demonstrate it from three aspects–theanalysis of Company Society Responsibility’s legality, rationality and value. At thesame time, I will comprehensive demonstrate Company Society Responsibility’sjurisprudence significance from the perspective of rights and obligations, companyand social contract, company’s moral ethical, the relationship between company andsociety, the basic values of the law, and the optimization of company profits.The next part demonstrates the legal realization and improvement of CompanySociety Responsibility. Company Society Responsibility has its own properties-theoretical and practice operation. It can’t guide the practice, and it isn’t a goodtheory to improve the real life. Therefore, this part put forward the legal advice on improving China’s Company Society Responsibility. If we want to propose somegood advice, it is necessary to investigate the advanced and mature practice. First, Ireview the practice of Company Society Responsibility in western impeccablesocialist market economy. Then I propose three legal advices on improving China’sCompany Society Responsibility.1. Set up information public and disclosuremechanism.2. Improve the legal punishment and error correction mechanism3.Perfect multiple remedy mechanism.