On The Legalization Of Enterprise Social Responsibility

Enterprise social responsibility refers to the legal obligation and moral obligation an enterprise should bear to maintain and improve the profit of related ones when it maximizes the profit of its shareholders. The concept of corporate social responsibility has gained wide recognition, and there are so many researchers studying this topic. However, enterprise social responsibility cannot always to be a theoretical proposition. It should be enacted into law, which will make it apply to the practice. But how to put it into the law is really a pressing issue worthy of serious and deep consideration. The analysis of this issue and finding out the answer constitute the core of this paper.The text can be divided into four parts as the following: Part 1 analyses the theoretical origin of enterprise social responsibility and its present situation. Corporate social responsibility includes responsibility towards employees, creditors, consumers, environment protection, communities, and public welfare. Moreover, there are so many successful legal practices in western countries, especially in the USA, Britain and Germany, which are valuable experience for the legalization of enterprise social responsibility in China.In part 2, the author firstly analyses the necessity for the legalization of enterprise social responsibility in China which includes the urgent need for people's life and the need for theory development. Then the author analyses the feasibility for the legalization of enterprise social responsibility which included theoretical studies, practical experience abroad and supportive role of Chinese law and policies in the legalization of enterprise social responsibility. Both pave the road to the construction of legal system for enterprise social responsibility in China.In part 3, the author focuses on how to construct the legal system for enterprise social responsibility. According to China's current situation, dispersed legislation mode would be the most suitable one for China, which contains the general rules of basic civil law, specific rules of basic company law, special rules of other economic laws and judicial practice of achieving the responsibilities.In part 4, the author analyses the necessary limits in the legalization of enterprise social responsibility. The legalization of enterprise social responsibility has its necessary limits, which cannot be expanded at random. That means the best balancing point should be found among enterprise profit, interest of others and social benefit so that a best enterprise social responsibility legal system can be constructed.