Research On The Legislation Of Social Obligations Of Corporate Property Rights

The social obligation of corporate property rights is a general restriction on corporate property rights.Its restricted objects are not specific,the degree of restriction is low,and it does not involve compensation.It is the minimum social responsibility required by law to require corporate property rights.The core connotation of the social obligation of corporate property rights is that the exercise of corporate property rights should be beneficial to the public interest.The social obligation of property rights comes from the sociality and obligation of property rights.Enterprises play an important role in promoting production,boosting employment,and serving the society.Corporate property rights are closely related to the society,and the exercise of the corporate property rights will have more or less influence on the social life.So the social obligation of corporate property rights should be paid more attention to.The social obligation of corporate property rights has a legitimate basis in China's legislation.One of its economic roots is that the development of a market-oriented economy has deepened the dependence of workers on the enterprise,and corporate property rights have become the basis for employees to obtain a source of material income.In addition,as a source of danger,the exercise of property rights may cause environmental pollution,food safety,and economic crisis.Moreover,the emergence of new economic forms has triggered new legal relationships,and it is necessary to protect and restrict "intelligent property rights." Therefore,it is necessary to restrict the corporate property rights and to grant appropriate social obligations so that the exercise of corporate property rights can be beneficial to the public interest.For the same reason,its ideological root lies in the transformation of personal ideals into cooperation with each other,and the transformation of single economic growth into the pursuit of sustainable development.The political factor lies in the fact that socialist countries pay more attention to social and public interests,and its superiority is reflected in "pool resources to address major problems".So it imposes certain public welfare obligations on property rights.The legal basis of social obligations lies in the balance between public interest and private benefit and the reconciliation of public and private rights.On the one hand,social obligation can restrain the wanton exercise of corporate property rights,so that the exercise of enterprise property right is beneficial to the public interest.On the other hand,it can restrict the legislator,because the legislator cannot exceed the limit of social obligation when restricting property rights.The socialist principles,a large number of social rights provisions and the principle of prohibiting abuse of rights stipulated in Article 51 in China's Constitution basis for social obligations of corporate property rights.The social obligations of corporate property rights in legislation reflect the value of fair,justice,order and development.There are a lot of regulations about the social obligation of corporate property rights in Chinese legislation,which are distributed among various levels of legislation.In summary,its legislative content is mainly reflected in three aspects.One is that the exercise of corporate property rights must not harm the interests of the country,collectives,and others;the other is that corporate property rights should be appropriately concessional to the public interest;the third is that corporate property rights should be beneficial to the public interest.However,in the current legislation,the relevant provisions on corporate property rights are still inadequate and need to be improved.The Constitution lacks general restrictions on property rights,that.is,social obligations on property rights.Therefore,the social obligations of property rights can only be deduced from the existing constitutional principles and constitutional spirit,so it is necessary to add social obligations of property rights to the constitutional provisions.In order to prevent the misuse of the purposeful concept "public interest",it is necessary to define the connotation of public interest in the form of law.First,a definition should be given to the public interest.Then list the scope of the public interest in detail.After that,add another pocket clause.Finally,exclusion clauses are used in judicial interpretations or administrative interpretations to exclude situations that are not in the public interest.Aiming at the social obligation of illegally adding corporate property rights in the regulations,the principle of legal retention and proportionality must be followed when setting social obligations,so that the form and substance of social obligations meet the relevant legal requirements.