To Discuss The Legal Realization Mechanism For SMEs Social Responsibility

With the development of the market economy, SMEs have become the very important part of the national economy. SMEs plays an important role in absorbing labor force employment, total State revenue and expand production. However, in recent years, the lack of social responsibility of SMEs is very serious. SMEs have become the main source of fake and shoddy products. It directly poses a threat to the life and health of the consumer in the food and drugs area. SMEs ignore the legitimate rights and interests of workers, so that workers do not have access to basic social protection. It also can not be ignored that a large number of SMEs disrupt the environment. Therefore, extensive and in-depth research on SMEs social responsibility theory, perfecting legal realization mechanism of social responsibility of SMEs in practice, are of great significance and urgency.The full text includes four parts:the first part is about the social responsibility of SMEs and legal implementation mechanism. First of all, the standard of SMEs made defined. In the second place, I draw this article’s view on the CSR by referencing the definition of CSR made by many scholars both at home and abroad. In comparion, focus is that came to the definition and the content of SMEs social responsibility according to the features of SMEs. At last, writing the meaning and content of CSR’s legal realization mechanism,focus is that analysed the particularity of social responsibility legal realization mechanism for SMEs.The second part is about the comparative analysis of the legal realization mechanism of social responsibility for SMEs. By comparing the simple concept and practice of social responsibility for the ancient businessmen,this article prompts SMEs to change the concepts of taking the profit maximixation as the goal and enhance the sense of social responsibility for SME.It has great significance that provides ideas for our construction of SME social responsibility realization mechanism through the comparison with foreign legal realization mechanism for SMEs.Third part is about the legal realization mechanism of social responsibility for chinese SMEs causes problems and the reason of lacking of social responsibility. In China the legislative deficiencies of SMEs social responsibility is in the lack of a complete legal system, ambiguities in substantive law on corporate social responsibility, provisions of procedural law on corporate social responsibility failed to remedy. Most of SMEs are unaware of the social responsibility, has triggered a series of negative effects on society. In the area of law enforcement, such phenomenon appears:there have been no legal basis, or there is the law but lax law enforcement, or there is the phenomenon of impunity. In the area of Justice, judges are very difficult to make a decision on corporate social responsibility case because of lacking operational provisions of the law, as well as general lack of referees of commerce themseves. Finally, the analysis of those underlying causes were made.The fourth part make proposals to improve legal realization mechanism of SMEs social responsibility, to above problems in the areas of legislation,abidance by law, law enforcement and jurisdiction. In terms of legislation,the existing legal system should be improved. SME’s basic law should be established. The scope of social responsibility for SMEs should be clarified. Constraint and incentive mechanism on SMEs and evaluation criteria of social responsibility for SMEs should be established. In terms of compliance, the practical difficulties of taking social responsibility for SMEs should be taken into account. It is recommends that SMEs should unite to share the cost of taking social responsibility and the authenticity and enthusiasm that SMEs release social responsibility report should be improved. In the area of law enforcement, the supervision function of government should be strengthened, the specialized law enforcement agencies should be established and the law enforcement activity should be stricked. In the area of justice, judicial activism for social responsibility case can be increased through the Court’s application of justice proposals and the judging ability can be increased through cases guidance of social responsibility.