Research On Corporate Social Responsibility Legal System

Company, as the most important economy of social communities, has made enormous contributions to social developments and human progress. At the same time, with the change in legislative trends from individual-oriented to society-oriented, Company has been endowed with more and more social responsibilities besides seeking profits. Company social responsibilities theory could be traced back to early twenty centuries, legal research on Company social responsibilities play a significant role in balancing the harmony developments between Companies and social societies, solving food safety problems which existing extensively in China, and labor protection problems. Scholars widely believe that, Company social responsibilities shall mean that Company should take necessary social obligations to other stakeholder and the society, while pursuing the maximum interests of the shareholders. It is generally recognized that Company social responsibilities should include legal obligations for social and moral obligations for social interests which can be for its employees, consumers, creditors, environment protections, communities, public welfares activities and other related prospects. When conducting business operations, a company shall comply with the laws and administrative regulations, social morality, and business morality. It shall act in good faith, accept the supervision of the government and general public, and bear social responsibilities. Although China has established the general theory of Company bearing social responsibilities since Year2005, but to the relatively completed legal system embodying social responsibilities by western countries, our research on social responsibilities theories and its implementation are inadequate. Constructing our Company social responsibilities theories will need more legal norms to be established in government reform, legal system improvement, protection on public interests and other aspects. The building of the company management system in China shall consolidate its employee in company’s decision making process or participation status, and at the same time, enhance the role of labor union to make the Company’s business operation behaviors and legal actions to truly reflect the wills of all staff or majority, while keeping in line with the major shareholder’s intent. Company culture shall reflect the theory of social responsibilities. In order to achieve the internal mechanism of company social responsibilities, we need to not only restrain the company’s behaviors in legislation, but also set feasible regulatory and penalty mechanism, and furthermore, consummate all kinds of company systems in accordance with specific laws to reflect the interests of employees and ensure the interests of major shareholder. The legislation on social responsibilities can be implemented smoothly, when all actions of Company are based on law, so infringement on the interest of employee and the country by Company could be avoided., the Company administrators, decision makers, and its shareholders should be held responsible for Company’s infraction of law or malicious breaches of contracts in laws like Company Law and Securities Laws in order to implement the theories of company social responsibilities successfully.Enhance the legislations on public welfare activities; consummate the management of charity donation; Company accept SA800(Social Responsibilities Standard), improve laws like Company Law, Labor Law, Environment Protection Law; ensure the legitimacy of the regulatory channel; regulate all administrative rules; establish legal system of social responsibilities protection, ensure all government administration in accordance with laws; construct the mechanism of rewards and punishments, with all actions together, the enforcement of social responsibilities could be pushed forward.This thesis contains five parts. The first part introduced the main theories and views of social responsibilities within and out of China of which concluded the nature of social responsibilities by briefing the views on company social responsibilities of Chinese and foreign scholars. The second part analyzed the legitimacy of the theories on company social responsibilities, and argued the relationship between the harmonious socialism society and the company social responsibilities by analyzing the origin of the theories of which and its theory basis. The third part mainly tried to define the contents of the company social responsibilities and tried to analyze and conclude the progress on the development of company social responsibilities theories from different angles as employee, consumers and the debtors, and confirm the significance of such. The fourth part analyzed the current situation and the existing problems of China’s company social responsibilities and briefly introduced the lacking of culture on company social responsibilities, of which the lack of supervision from government, the lack of attention from the consumers, the existing circumstances of the society, the current situation of employee protection, and the present status on product safety. The fifth part tried to analyze the main basic laws of how China regulates social responsibilities and try to make a few constructive suggestions on legislative amendments and pointed out that the ideal way to achieve the social responsibilities of the Company is through the combination usage of both Company Law and other laws, and summarized the view point of this thesis at the ending.The achieving of Company social responsibilities need many different mechanisms to be improved and pushed forward. This essay tries to make a brief introduction on how company social responsibilities theory were rooted and grew in China, and try to analyze the relationship between the social responsibilities, the regulation system of the Company and harmonious development from the establishment purpose, internal management, external responsibilities, the regulation system of the Company and the current legislations on the Company social responsibilities in China, and try to provide some legislation advices on implementing such laws.