Social Responsibility In The Context Of Corporate Governance

The theory of corporate social responsibility is an important project which involves many academic subjects, such as jurisprudence, economics and management, whose purpose is to mitigate and resolve such serious social problem as caused by modern corporations and to build a harmony relation between corporation and society.With the ideology of promoting social interests, the traditional principle in corporate law is challenged and maximization of shareholders' profits is no longer the only purpose of corporation. The society pays more attention to conscience of corporations and calls for corporations to bear more social responsibilities. In China, great changes in economic system, social structure and value accelerate China's integration into the world, but in the same time, the social order is disturbed to some extent, one of the examples is the lack of corporate social responsibility. Some corporations don't care for human right and environmental protection. Those problems tell us that the corporation should not only make profits for shareholders, but also protect the interests of stakeholders, such as employees, creditors, customers and even the community where the corporation inhabits, which means that corporation should bear its social responsibility. The movement of corporation bearing more social responsibilities promotes the reform and improvement in corporate governance. This paper studies the theory of corporation social responsibility in the viewpoint of corporation governance and discusses how stakeholders others than shareholders participate in corporate governance.The whole thesis can be divided into four parts:The first part is the general theory of corporate social responsibility. This part includes its background, developing history and its main legal characters. In this part, the jurisprudent basement of corporate social responsibility and its exact implication are analyzed.The second part is the relationship between corporate social responsibility and corporate governance. As can be seen from the history of corporate governance, its relationship to corporate social responsibility is mutual. On the one hand, the concept of corporate social responsibility has positive effect on corporate governance, one the other hand, the reform on corporate governance based on the theory of stakeholders is an ideal way to implement corporate social responsibility.The third part is the study on overseas corporate governance under the effect of corporate social responsibility. This part includes the legislative effect of corporate social responsibility on the reform of corporate governance in America, employees participating in the corporate governance in European countries such as Germany and banks (creditors) participating in the corporate governance in Germany and Japan. They have a developing trend in common, that is, corporate governance is participated in by stakeholders directly and indirectly.The forth part is the way to improve corporate governance in China aiming at practicing corporate social responsibility. The newly revised company law in China, which makes specific provisions on the issue of corporate social responsibility, has both its advantages and disadvantages. A tentative plan of stakeholders other than shareholders, including employees, banks and so on, participating in corporate governance, and the specific systems to carry out the plan was discussed in this part.