Research On The Judicial Application Of Corporate Social Responsibility In China

This article examines the status quo of judging the application of corporate social responsibility in China's judicial practice,analyzes the problems existing in the application of justice,and then proposes the applicable countermeasures for corporate social responsibility in judicial decisions in response to these issues.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the current situation of the judicial application of corporate social responsibility in China.The application of corporate social responsibility in China's judicial practice is manifested in three aspects.Firstly,the number of applicable cases has been increasing year by year.Secondly,the scope of application has covered various fields of civil and commercial law.Thirdly,the effective referees are still a minority.In terms of applicable fields,there are mainly contracts,infringements,employee rights and interests,corporate resolutions,articles of association articles validity,corporate dissolutions,and moral cases.The second part summarizes the problems existing in the judicial application of corporate social responsibility in China.There are two problems in China's corporate social responsibility in the application of justice,including the misuse of the company's social responsibility,and the court's non-standard application of corporate social responsibility.Firstly,the company misuses corporate social responsibility in litigation claims or defenses.One situation is trying to use corporate social responsibility to evade contractual obligations.The other is trying to cover up its illegal behavior with corporate social responsibility.Secondly,the court's non-standardized application of corporate social responsibility behavior is manifested in the confusion of corporate social responsibility and other legal concepts,the declaration of the use of corporate social responsibility and the improper use of corporate social responsibility.The third part analyzes the reasons for the existence of corporate social responsibility in China's judicial practice.The problem stems from both corporate social responsibility and the court.In terms of corporate social responsibility,because of the uncertain connotation of corporate social responsibilityand the huge system of social responsibility rules in China,it has increased the difficulty of its application to some extent.At the same time,although the theoretical researches of corporate social responsibility in China are plentiful,under the effectof the first two reasons,these theoretical results are more difficult to apply to judicial practice and difficult to guide the judicial application of corporate social responsibility.In this aspect of the court,China's judicial policy encourages judges to properly exert their subjective initiative in judicial decisions.However,based on the tradition of irrational thinking in China,there is a moral preference for individual judges.Under the requirements of judicial activism,judges apply the connotation,which is easy to create non-standard problems.The fourth part is about the countermeasures of the problems existing in the judicial application of corporate social responsibility in China.In general,the problems arising from the judicial application of corporate social responsibility in China are rooted in the uncertainty of the concept of corporate social responsibility.Therefore,the solution to the problem lies in reducing the uncertainty of corporate social responsibility.In general,the solution to the problem follows two paths.The first path is to provide a clear standard for the application of corporate social responsibility,and the second way is the positive action of the judge.In the former path,we should not only look for specific rules for determining the connotation of corporate social responsibility in the private law system,but should also look for the corresponding norms in the public law normative system through the use of its explanatory functions when exhausting private law norms.At the same time,moral social responsibility can also enter judicial decisions and influence the conclusion of referees.At this time,we should be able to find the criteria in the moral system which can determine the connotation of corporate social responsibility cases,and strengthen the referee's persuasive.In addition,the connotation of corporate social responsibility should be further defined in the judicial interpretation in the form of summaries and enumerations,and the criteria for applying corporate social responsibility in corresponding types of cases should be clarified in the guidance cases.On the court side,judges should adhere to the principle of “exhausting specific rules” when applying corporate social responsibility adjudication cases,actively refer to guiding cases,and comprehensively measure interests and make persuasive judicial decisions.Judicial advice also has a certain role in preventing the company from breaching corporate social responsibility.The court should use it on a reasonable and prudent basis.