| The corporate social responsibility system is the result of legalizing the concept of corporate social responsibility and a sign of China’s corporate rule of law shifting from individual to social orientation.It is also an important means of achieving the goals of high-quality development and modernization of social governance.In 2005,China promulgated provisions on the corporate social responsibility system in the "Company Law" through legislation,which led to a series of corporate social responsibility practices.However,the actual effect was not ideal,and the social problems caused by companies’ blind pursuit of profit remain serious.The system construction of corporate social responsibility has not made substantial breakthroughs.In recent years,with a series of events such as the US Securities and Exchange Commission’s "anti-money laundering" review and the European Union’s strengthening of ESG information disclosure,the international community’s expectations and focus on corporate social responsibility have begun to shift.How to effectively promote the practice of corporate social responsibility has become an important issue concerning the development of the world economy.Against this background,Article 20 of the "Revised Draft of the Company Law of the People’s Republic of China" further refines the corporate social responsibility system.However,from the provisions of the "Revised Draft of the Company Law," there are still issues such as the fuzzy definition of corporate social responsibility,poor connection between the legal regulatory system of corporate social responsibility,neglect of corporate governance of social responsibility,and lack of implementation mechanisms for corporate social responsibility.Based on these problems,this article reviews and verifies the connotations and nature of corporate social responsibility from the perspective of legal theory and the latest provisions of Article 20 of the "Revised Draft of the Company Law," and proposes the following improvement suggestions based on the comparative analysis of foreign corporate social responsibility legislation experience: adjusting corporate social responsibility-related norms,including refining corporate social responsibility content,enhancing internal coherence of the corporate social responsibility regulatory system,and typifying the applicable object of corporate social responsibility;integrating corporate social responsibility into corporate internal governance,including introducing stakeholder provisions to reshape director responsibilities,promoting stakeholder participation in corporate governance in a moderate and orderly manner,and advancing employee shareholding plans;improving the corporate social responsibility reporting system,regulating the subject,content,form,and review of corporate social responsibility reports;and improving the corporate social responsibility incentive mechanism.By using the corporate social responsibility system as a starting point,it will better guide companies to actively practice the concept of corporate social responsibility,strengthen China’s corporate international competitiveness,help the country’s economic strength to grow,and promote the realization of a Chinese-style modernization. |
