A Study On The Path Of Corporate Social Responsibility Entering Judicial Judgment

Article 5 of the "Company Law" and Article 86 of the "General Principles of the Civil Law" stipulate that a company shall bear social responsibility.Social responsibility is an obligation that a company should bear to the entire social interests.Its essence is to prevent the abuse of corporate power.There are two levels of this obligation: not to threaten,not to harm social interests,and to promote social interests.The concept of social responsibility itself blurs the line between morality and law.There is no unified understanding of the definition of its connotation in theory and practice,which leads to difficulties in judicial application.This article takes the natural monopoly industry as an example,through theoretical research and empirical analysis,attempts to explore the reasonable paths for corporate social responsibility to enter judicial decisions.This article has three parts: the question,the main body,and the conclusion.The main body consists three parts:The first part explores the definition of the scope of corporate social responsibility from the perspective of practice and theory.The study found that in the natural monopoly industry,the court’s understanding of the scope of corporate social responsibility is quite different.In theory,many scholars explored the nature of corporate social responsibility from different perspectives,but have not yet reached a consensus on the scope of corporate social responsibility.The second part discusses the theoretical space in which corporate social responsibility enters judicial decisions.This section elaborates from three aspects.Firstly,by combing the relevant theories of corporate social responsibility,the justification of corporate social responsibility is demonstrated;then,the characteristics of social responsibility are studied in combination with the characteristics of the natural monopoly industry;finally,the arbitrability of corporate social responsibility provisions in China is discussed,and the company social responsibility can be used as a basis for judges to judge cases.The third part explores the reasonable paths of corporate social responsibility entering judicial judgment.First,it summarizes the ways in which corporate social responsibility is applied in judicial practice,and then evaluates the paths of corporate social responsibility in judicial judgment in combination with cases.Finally,it chooses the paths with the most judicial operation and rationality.At the end of the article,the full text is summarized.The reasonable paths for corporate social responsibility to enter into judicial judgments is: one is to influence judges through the discretion of judges as a consideration factor for liability;the other is to establish new rules to fill in the legal loopholes.