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On promoting and perfecting the concept of corporate social responsibility system

Author: DingZuo From: www.yourpaper.net Posted: 2010-05-27 12:23:33 Read:
Abstracts: our revised Company Law Article corporate social responsibility law and clear as the main market economy should bear the social responsibility principle, this principle also improve the company through the expansion of the shareholders and creditors of the company the right to appeal The various systems of governance and liquidation of certain expression. But its specific connotation is not clear enough, the incentives are not perfect, still need further research on the legislative and judicial and perfect practice of Corporate Social Responsibility.
Papers Keywords: Company Law, Corporate Social Responsibility perfect
The concept of corporate social responsibility since 1924 by the American scholar Shelton, subject to a lot of challenges to its development process has not been easy, but with the social and economic development, whether its content is still the responsibility of the object in constant development change, rich expand. Today, with the high-speed development of the global economy, corporate behavior in the natural world, the impact of human society is growing increasingly serious problem of environmental pollution, environmental protection, resource depletion, and business ethics, especially in the context of the global financial crisis, The issue of corporate social responsibility has once again become the focus of global concern. In the face of market risk and corporate difficulties, how to reconcile the interests of the company and the interests of society and balance; while there is interest in the company and its investors, workers, consumers, and other stakeholders differences and conflicts, how to encourage enterprises to take active strategies to better fulfill their social responsibilities, difficulties with the government and society grams total turn "dangerous" as a "machine" for greater development in the economic prosperity after the crisis has become a top priority in China's economic construction.
Should further clarify the corporate social responsibility legal connotation
China's new "Company Law" five clear the company should bear the social responsibility, and an effort embodies our corporate social responsibility through the implementation of the statutory law. But the provisions on the General, with a declaration of advocacy and social responsibility of the company did not reveal the specific connotation, no clear corporate social responsibility opposite party, nor the specific content of the provisions of the rights and obligations of corporate social responsibility ; and abstract terms, the policy has a strong color, expressed in general terms, use many words connotation and denotation are not determined, such as "business ethics", "morality", "honest and trustworthy"; no corresponding violation of corporate social responsibility specialized liability provisions. What is the nature of corporate social responsibility, moral responsibility or liability has been in our academic community there is controversy.
In fact, corporate social responsibility has always been a in a pluralistic concept of comprehensive development and changes, can not simply be attributed to the moral level, directly on the ground can not be promoted to the legal level. Legally property first as an obligation of corporate social responsibility, the mandatory liability set minimum standards for corporate social responsibility; same time, the significance of corporate social responsibility in its morality and declaratory, ethics reflects the corporate social responsibility for the value of pursuit. Therefore, the provisions of Article 5 of the Law in China corporate social responsibility should be the unification of a legal responsibility and ethical guidelines.
Although the code of ethics advocacy is essential in the concept of corporate social responsibility is an effective complement to the implementation of corporate social responsibility, ethical guidelines lack the force of law constraints inherent belief based primarily on people, consciousness and social public opinion play a role of normative constraints the behavior, coupled with the current social integrity status, based on the realization of social responsibility hopes conscience is still too fragile, with ethical behavior of the company is just a soft constraint. Furthermore, corporate social responsibility itself is a fuzzy boundary, heterogeneous concept, if there is no legal certainty, mandatory, not only will not achieve the company's commitment to social responsibility, but also may make the basic interests are harmed. Therefore, at this stage in our country, the primary content of corporate social responsibility should be a liability (legal), but also the responsibility of the company by the moral to the legal norms into current world trends. In view of this, it is recommended that the Companies Act should be the nature of the company's social responsibility, content and does not fulfill the legal consequences of a clearly defined from the details to be perfect, so that law bars the content is more realistic operational.
Second, sound corporate social responsibility governance mechanisms
About corporate social responsibility in China in the legislation, only 5 of the Companies Act provides for the principle, there is no systematic legislation on social responsibility in other laws and bar. Corporate social responsibility is a social systematic project, involving many fields, including legal, economic, social, cultural, and far from a Companies Act can include. Improvement of laws and concrete realization of corporate social responsibility is not just reflected in company law, but rather is a hierarchical, common framework consisting of different legal provisions in different legal norms.
, To promote the implementation of our corporate social responsibility in the context of economic globalization, it is recommended that the legislature should speed up the construction of the relevant legal system, in addition to the highlighted the general provisions of the Companies Act, the company must bear social responsibility also to corporate social responsibility As a legal concept, principled and general provisions included in the "State-owned Enterprise Law, Partnership Enterprise Law", "personal-owned Enterprise Law and other related laws, such as business-to-business objectives, corporate social responsibility the definition of the institutional arrangements of the principles of corporate social responsibility. Eventually formed the "Company Law" as the core, to the relevant departments of the Labor Law, the Labor Contract Law "," Product Quality Law, "Environmental Protection Law", "Consumer Protection Law", "Property Law" the supplementary legal system. Play a unifying role in this system, social responsibility provisions of the Companies Act, the value guidelines provide specific legal rules, social company higher social responsibility requirements, and other specific rules can not be due to the stability and a natural lag The adjusted response time, judicial with the terms of the Companies Act social responsibility ethics function, with the method of technical means, the referee disputes for stakeholders to provide special protection.
The widely and corporate social responsibility level connotation adapt corporate social responsibility often need to be enforced through a variety of mechanisms. Social Responsibility Guidelines released by the Shenzhen Stock Exchange in September 2006, the Shenzhen Stock Exchange listed company, from the operators, shareholders, creditors, employees, suppliers, customers and consumers, environmental protection and sustainable development, public relations and social welfare undertakings, institution building, and information disclosure, and eight that listed companies specific standards of social responsibility. Although this guideline content only 38, do not have any legal effect, there is room for improvement, but that the requirements for corporate social responsibility in China has entered a trial stage, not just stay in the section 5 of the Companies Act the declaration of the terms of stage.
In addition, the practice of corporate social responsibility but also to a large extent depends on the effectiveness of judicial remedies recommended by the Ministry of Commerce, the SFC and other ministries to come forward and organize various guilds or trade associations based on the characteristics of the industry, to improve the performance of the administration of justice, formulated and promulgated the "Regulations for the Implementation of Corporate Social Responsibility, in order to facilitate consideration of Judge properly in the referee specific cases when. A typical case of a group of companies involved in social responsibility by the Supreme Court announced that the lower court affair logic support. The establishment of trade unions to participate in the system in the process of promoting corporate social responsibility from the practice of States, trade unions have played an important role, the union has a special status, the trade union of officers elected from the employees, the outside independent company not subject to oversight audit agency of government control, its purpose is to reflect the needs of the employees to the company's management and supervision of the company to implement its social responsibility. Although the new Companies Act on trade unions the right to participate made a lot of the substantive provisions of Article 17, Article 18, paragraph 1, of the company employees labor contract obligations, Article 52, paragraph 2, Article 118, paragraph 2 company also established a system of employee supervisors, Article 45, paragraph 2, Article 109, paragraph 2, the system of employee director has made advocacy of different requirements, but as the interests of the union members, the company's stakeholders, "laborer" law status in our country yet to be determined, and the legislation is only a rough outline provisions, their status, but by the Board of Supervisors constraints can play a beneficial role of workers the right to exercise democratic supervision to some extent, this role is still limited. . Company legislation absorption of workers to participate in the system of organs of the company, its both modern economic democracy and democracy and one of the development trend of China's socialist market economy, the proper meaning. Which China can learn from the successful model in Europe, established the concept of "employers and employees the same rights, labor equality" to ensure that their democratic rights through the establishment of the Labor Relations Committee to participate in the company management, the exercise of workers' right to know and supervise; clear workers requires the distribution of bonus the right to request increased in the Companies Act, and to create conditions allowing workers to direct holdings, in order to protect the economic rights of workers; adjust the terms of reference of the workers 'congress, to establish trade unions on behalf of the General Assembly and the shareholders' meeting, board of directors, board of supervisors convergence ways and procedures; related protective provisions, to ensure that the staff directors, supervisors is not the exercise of the relevant terms of reference have been dismissed, fines or other unfair treatment, and give the worker or trade union owned in violation of the terms of the protective rights of action; and clearly defined company, shareholders management against the union the right to participate should bear the legal responsibility, so as to achieve effective regulation of corporate social responsibility from the entity to the program on the improvement of the workers involved in the right system.
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