Research On The Legal Guarantee Of Our Corporate Social Responsibility

The theoretical of corporate social responsibility breakthrough the principle of traditional business maximize the benefits; it advocates that enterprises should be actively committed to social responsibility in the pursuit of profit for their own development. This is not only the inevitable requirement of social development to a certain stage, but also the fundamental way of enterprise to achieve sustainable development. The enterprise concerned with employment issues in the process of development, environmental protection, community interests, welfare of the relief and so on, and put the overall interests of society in an important position is will to be recognized by the public and to obtain a long-term benefit. Modern corporate social responsibility was first advocated in Western countries, and the concept caused widespread concern with the long controversy since the American scholar Oliver· Shelton came it out in the early20th century. For example, there are some divisions to a series of questions of whether a company should bear the social responsibility, the nature of corporate social responsibility, the scope of responsibility, as well as the strengthening of the social responsibility. Then along with the economic development, the concept is gradually gained universal recognition after a long period of time and is accepted by the international community.Since the reform and opening up, China’s socialist market economic system is gradually established and improved, and provide a good environment for the development of China’s economic growth. As the most important subject of market economy, enterprises have become the driving force to spur economic growth. Up to2011, the total amount of China’s national economy has been the second largest in the world, to become the second-largest economy entity after the United States. However, as our country is now in a critical period of social transformation and the balancing mechanism of social interests is still imperfect, various social contradictions and conflicts are increasingly prominent. Although we have made some positive efforts in the Legislative, such as the employment, consumer protection and the environment and ecology and build the basic frame system of social responsibility, because of the legal setting is inadequate and there are loopholes in the government regulatory process, plus on some of our enterprises lack of basic business ethics, poor awareness of social responsibility, and lack of action to fulfill their social responsibilities or not up to standard in the fulfillment process in the pursuit of economic interests, leading to a series of questions in recent years, such as enterprises bear staff responsibility, environmental pollution, the protection of consumers’ rights, philanthropy and the protection of vulnerable groups, and seriously disrupted the order of the market economy, caused a great public dissatisfaction and resulted a great threat to the building of a harmonious society. So concerned about corporate social responsibility and promote social responsibility actively within the whole society have become very tight.Compared with developed countries, corporate social responsibility as an exotic in our country, is still has a greater gap both in theory explore research and to promote the implementation in practice operations. It needs the government departments, research institutions and business organizations strengthen the support in terms of manpower and material resources, and actively explore new ideas of corporate social responsibility, and to seek the best way to get the phase equilibrium of enterprises themselves benefits and social benefits. View of our corporate social responsibility system is not yet completed, this paper is first used literature research in the course of study, through access to a large amount of literature in newspapers and magazines, and the news network information, and give a detailed and in-depth analysis and discussion on the theory of corporate social responsibility, a detailed description of the basic theory of corporate social responsibility, and discussed the need for social responsibility of the enterprise. Secondly, the use of comparative analysis. To the question of the legal practice of corporate social responsibility in China, the paper taking the legal provisions and practical operation of the four countries as the United States, the United Kingdom, Germany and Japan for example, makes the introduction and implementation of corporate social responsibility mechanism in the developed countries, and on the basis of which analyzes the reference and desirable to China. Finally, through theoretical contact practical method, according to the specific conditions of Chinese enterprises to fulfill social responsibility process, with scientific and feasible basic theory as the instruction, put forward improvement suggestions for the implementation of corporate social responsibility in China.This article about corporate social responsibility is divided into five main parts. The first part is a detailed introduction and description of the general theory of corporate social responsibility, which is mainly discussed the corporate social responsibility development history, the specific content and the fundamental nature, and to confirm the scope of corporate social responsibility from the business-to-five workers, creditors, consumers, the natural environment and public welfare. The second part is the Economic Law foundation and the practical causes of corporate social responsibility. On the one hand, it analyses from the social standard of economic law, the basic principles and values of the angle of the enterprise should bear the social responsibility; on the other hand, it argues from the corporate social responsibility of the construction of a harmonious society, enhancing competitiveness, adapting to globalization and sustainable development practical significance angle. The third part is the comparison of the corporate social responsibility legal system in China and foreign. Summary listed the legislative requirements of our corporate social responsibility, with reference to other developed countries’legislation rules and performance practice on corporate social responsibility, put forward the reference and redeeming features to implementation of our corporate social responsibility. The fourth part analyses the existence problems in our corporate fulfilling social responsibility, and discusses from the legislation regulations, government regulations and corporate law-abiding. The fifth part aiming at the problems existing in the reality offers some perfect proposals and countermeasures from the perfect legislations, building enterprise implementation mechanism and the social supervision and constructing a favorable atmosphere.