The Regulation Of Legal System On Corporate Social Responsibility

The adverse consequences of the Sanlu milk has not yet disappeared,the "poison capsule," formaldehyde mushrooms,Carrefour supermarket's "pseudo cod" scandals hit people's psychological once again.To pursue maximize profit-oriented,the fact that enterprises ignore their social responsibility led to a series of negative externalities,and caused many social problems.If enterprises can properly fulfill their social responsibility,depends on two factors:the inner consciousness of enterprises and the external force.Today,the majority of our enterprise is in the accumulation of capital,and in the pursuit of large-scale growth period,how to balance between profit and social responsibility,between reducing the burden and undertaking social responsibility,the enterprises still have misgivings.Therefore,the enterprise is lack of initiative to fulfill their social responsibilities.Under the premise of the lack of initiative social responsibility,depending on external forces driven,the legal system,to promote corporate social responsibility has become a major issue.The realization of the CSR legalization should seek the legal foundation:What's the legitimacy and rationality of CSR?To the advocates of CSR,what kind of force protection CSR can depend on,legal force or moral force?How to establish legal mechanism?Discussion of the above questions will undoubtedly help to the coordinated development between enterprise and social.This paper will answer the above questions through reserching CSR combined with Marxism theory and Legal theory,from the affirmation of CSR standpoint.In addition to the introduction,this paper is divided into four sections.The first part is to analyzes the basic theory of CSR's legal regulation.The theory of CSR respect the pursuit of profits,but it is more concerned about the protection of the non-shareholder stakeholders,interests.Both the theory and reality can give legitimacy basis:Marx and Engels,critique capital's profit-driven,as well as CSR reflects the Marxist philosophy humane care.So CSR gained the support of Marxist theory.CSR also has practical necessary,which is the reality of a harmonious society and sustainable development of enterprises.In addition,the ontology and value of law provide the possibility for the legal regulation of CSR.The second part explores the problems of CSR and its reasons.The problem of CSR exists in the practices and laws,where the former is mainly reflected in the absence of employees,consumers,environmental responsibility,while the latter is relevant with the law of departments,because there are many micro problems.Corporate Social Responsibility practice is unsatisfactory,and the main reason is including three factors:social,legal system,the enterprises itself,namely:the social is lack of CSR environmental,the fuzzy and the extensive of legal system,the enterprises pursue excessive profits.The third part analyzes the developed countries' CSR legalization and their reference.The legalization practice of CSR in the United States,Japan,Germany,whether in macro or micro level,have much to learn from.From the macro level,they can provide to us the following revelation:CSR need the protection of legal,and it must be forced by inspirational standard and mandatory rules,also the role of soft law should be emphasized.Part IV explores the legal regulation of CSR.The basic method is to build soft regulatory system mechanism;improve the hard law;build legal surveillance mechanism and law enforcement.Soft regulatory system precedes from the development of CSR standards,to improve the system.of soft law.Hard-regulatory mechanism will be settled on the perfection of the legislation in different sectors;In addition to s the legal system,supervision and law enforcement improve is also essential.