The Study On Soft Law’s Governance Of Corporate Social Responsibility

Since corporate social responsibility was introduced to China, it develops fast and has made remarkable achievements. However, in recent years, along with the development, some events that some enterprises refused to meet their obigations of corporate social responsibility have appeared, causing very bad effect. Therefore, to govern corporate social responsibility is desperately needed.This is an essay about soft law of corporate social responsibility. It establishes its base on the literature review, by the theoretical analysis for the center, carries out a systematic study on the soft law’s governance of corporate social responsibility. Through the research of soft law’s governance of corporate social responsibility, combined with the status quo of China’s soft law’s governance, this dissertation tries to provide some ideas and suggestions to solve the problems which soft law’s governance of corporate social responsibility has met currently.This dissertation is divided into three parts. Firstly, it introduces the concept of corporate social responsibility and soft law; also it talks about the link between soft law and corporate social responsibility. Secondly, on the issue of corporate social responsibility governance, soft law owns obviously more advantages than hard law in the aspects of promoting self-discipline of enterprises, increasing management effectiveness, reducing business costs and encouraging enterprises to participate in international competitions. Thirdly, soft law’s governance of corporate social responsibility’s requests are met in aspects of revelent legislation, theory, and practical basis. In such a case, our courtry can and should promote soft law on the governance of corporate social responsibility.The second part firstly introduces the achievements of China’s soft law’s governance of corporate social responsibility. In the matter of the legal level, administrative regulations, industry standards, a number of soft laws have been developed and achieved good results in practice. However, the soft law’s governance of corporate social responsibility faces some difficulties when it is enforced. In my opinion, the problems soft law’s governance of corporate social responsibility has met in implementation mainly come from four aspects. The first reason is the fragmentation of soft law system of corporate social responsibility. The second cause is low costs of infrating soft law and lack of deterrence. The third is the lack awareness of corporate social responsibility, including the operator and local government. The fourth is the lack of effective supervision mechanisms.The third part talks about suggestions to the problems of corporate social responsibility in soft law’s governance, which are mentioned in the second part. The author proposes a number of recommendations. Firstly, we can establish corporate social responsibilty heteronomy mechanisms. Secondly, to combine soft law and hard law. Thirdly, to enhance the main sense of social responsibility, including the transformation of business ideas and regulatation of the behavior of local government. Fourthly, to improve the supervisory system of corporate social responsibility, including play the establishments of the workers’ congress system’s role, improve information disclosure system, and implement environmental public interest litigation mechanism, etc.