The Research On Social Responsibility Of Commercial Banks Under The Legal Perspective

Ya’an earthquake in Sichuan, the domestic commercial banks to actively fulfill theirsocial responsibilities, in the event of an emergency to fulfill their social responsibilities toshow more advantages, more convenient, and compared with the general enterprises,commercial banks have social, monopoly, debt management features such as business andcapital regulation function makes its social responsibilities more the necessity and legitimacyof the rich. While the earth quake relief only commercial banks to fulfill the socialresponsibility of a miniature, their social responsibility of the field more broadly, however,commercial banks in the still unsatisfactory to fulfill their social responsibilities, whichrequires us to use the law and moral strength to promote. This paper from the commercialbank’s social responsibility theory, based on the concept of social responsibility and socialresponsibility of commercial banks, defines the concept and content of social responsibility ofcommercial banks from the point of view of law, and analyzes the social responsibility ofcommercial banks particularity different from general corporate social responsibility, and thensummarizes the commercial banks in our country exist in the practice of social responsibilitythe problem, learn from advanced foreign practices, proposed consummates our countrycommercial bank social responsibility from legal perspective.According to the research ideas, this article besides the introduction, is divided into fourparts, which constitute the overall framework of this paper.The first part is an overview of the social responsibility of the commercial bank. Thispart first introduces the scholars from different angles on the social responsibility and thesocial responsibility of the commercial bank defined; then through careful analysis of thelegal connotation from the perspective of social responsibility of commercial banks, andfurther according to its meaning will be content with the legal obligation for the law to beborne by the bank and by non-governmental organizations, public opinion and the publicpressure to ensure the realization of the commercial banks voluntarily perform and moralobligation; the last is the particularity of social responsibility of commercial banks deeply.The second part is the analysis of the necessity of commercial bank social responsibilityand legitimacy. According to the legitimacy of corporate citizenship theory and externalitytheory to elucidate the commercial banks to fulfill the social responsibility of commercialbanks, according to the functions, characteristics, analysis the necessity to fulfill their social responsibilities.The third part is the situation of banks to fulfill their social responsibilities. It introducedour country commercial banks to fulfill their social responsibilities, problems and the reasonscausing these problems are analyzed.The fourth part consummates our country commercial bank social responsibility for legalperspective. The first part is the commercial bank’s social responsibility legal system,legislative mode and legal norms constitute is discussed, on the basis of this, put forward theidea of law to regulate commercial banks through specific legislation and appropriategovernment intervention in the social responsibility obligations; second is the importantargument third party supervision from the angle of economic democracy, the moral obligationby the supervisory role played by social organizations, the media and the public and threeparty power to regulate the social responsibility of commercial banks in the proposal; finallyon the base of the model of corporate governance structure, guide the social responsibility ofcommercial banks to construct the ideal governance structure and the establishment of socialresponsibility management system proposed voluntary performance.