Study On The Legal Mechanism Of The Corporate Social Responsibility

The corporation social responsibility (CSR for short) has safeguard and promoted the interests of the community obligations on legal and moral when the corporate is seeking the max interests of shareholders. The scope of CSR includes three aspects: first, law-abiding obligations; second, protect and promote the interests of stakeholders; third, other obligations, such as charitable contributions. CSR has four existence values: sociology, economy, law and social needs. The mechanisms of CSR means that some achievements of the CSR , it includes three aspects: the legal mechanisms, the moral mechanisms and the social mechanisms. The legal mechanisms include the legal mechanisms and other legal mechanisms.The company legal mechanism has its unique characteristics, such as targeted, systematic, continuous and influential that is very important. The company legal mechanism includes four parts: the establish system of corporate, the capital system of corporate, the governance structure of corporate and the other systems of corporate. The necessary condition of the establish system of corporate include: the originator, capital and the setting up acts. The establish system can make some people away who do not have the qualifications, and can avoid some corporate fraud stakeholders. The capital system of corporate includes three principles of capital, equity investment of equity and the transfer of changes. The capital system can safeguard the security, protect the interests of creditors, prevent the corporate from fraud and debt, and maintain a normal market order and security. The governance structure of corporate, include four parts: the staff owned stocks, interest groups in governance structure, the independent director system and the parties the terms. The good corporate governance structure means that the balances of rational allocation of powers, it can improve operating efficiency and reduce the operating costs, and allows shareholders to get more economic returns, while employees and other stakeholders can get more protections. The other systems including the merger of corporation and financial accounting reports, they protect the achievement of CSR from the procedure .Other legal mechanisms, include the civil law mechanism, the economic law mechanism, the criminal law mechanisms, the administrative mechanisms and the litigation mechanism. The civil law mechanism plays a guiding role in the promotion of CSR. The economic law mechanism includes the protections of workers and consumers. The protections of workers contain improve the treatment of workers, protect the occupational diseases and defense the discrimination of employment. The protections of consumers contain improve the product quality and protect the right of kown. The criminal law mechanisms, the administrative mechanisms and the litigation mechanism analyze the advantages and disadvantages of various systems from major foreign countries. It can promote CSR of our country.The Corporation Law of People's Republic of China did not give a legal definition of the concept of CSR, lack of the provisions when corporate violate CSR and the rights of the relief. The Consumer Protection Law has flaw in punitive damages, The Environmental Protection Law can not adapt to real needs, such as environmental protection. We should promote CSR by improvement of legislation, strict law enforcement and fair administration of justice.