On The Improvement Of Social Responsibility Clauses In China's Company Law

In modern society, corporate social responsibility has become represent the general trend of the development of the company.China's 2005 amendments to the 11 company law" article fifth of the general provisions of the provisions of the company social responsibility.But the actual situation to fulfill the social responsibility in China is not optimistic, corporate behavior of various violation of social responsibility still continue to occur.To fulfill the corporate social responsibility while the comprehensive effects of various social factors, but the company law is undoubtedly one of the a normalize company behavior is an important legal norms.Therefore, improving based on stakeholder theory of company law in terms of corporate social responsibility, to strengthen the implementation of corporate social responsibility in China.In this paper, the integrated use of historical analysis, analysis of various methods of inductive analysis, comparative law, grasp the connotation, in the basis of stakeholder theory, defines the range of stakeholders.In addition to shareholders but also to consumers, shareholders, employees, creditors, the government and the common interests of the society is responsible for.The Modern Corporation theory should be modified to strive to achieve maximum traditional shareholders, company in the pursuit of shareholder economic interests also pay attention to the protection of the interests of other stakeholders, to achieve long-term development of future sustainable to the objectives of the company.How to realize the author attempts to explore other interests in the company law of stakeholders from the perspective of stakeholder theory, which makes the corporate social responsibility to achieve the problem.This paper will be divided into four parts, as follows:the main structure:The first part, overview of stakeholder theory.This first part discusses the stakeholder theory, and then discusses its connotation and its influence to the theory of corporate social responsibility.The second part, mainly discusses the legislation of National Co law abroad several related to protect the interests of representative of company law of China on the protection of stakeholders experience.The third part, mainly analyzed the deficiency of corporate social responsibility in China in the present company law and in practice.The fourth part, with the help of stakeholder theory in the company law to perfect corporate social responsibility put forward several proposals and improvement measures.The author concludes:Company Law, company's operation essence of corporate governance is to run.As long as the company governance reflects the respect of stakeholder requirements, corporate social responsibility is not difficult to achieve.The Modern Corporation management mechanism from the "shareholder or shareholders centralism" to "board of directors center doctrine" change, given the board in the position of corporate governance, therefore, must make the realization of social responsibility into the body.In this paper from the duty of directors incentive perfect directors focus on the interests of other stakeholders and improve the corporate governance structure change decision-making governance structure two aspects, to improve the provision of social responsibility in the company law, and put forward some suggestions and measures, this is the purpose and significance of the study.