Corporate Social Responsibility

The company law revised in 2005 of our country , Article 5, paragraph 1 states: "When a company engaged in business activities ,the corporation must keep the law , administrative regulations, Compliance with social public opinion,business ethics, honesty and keep credit , accept the supervise of government and the public,charge the social responsibility"It is the first time that corporate social responsibility is stipulated explicitly in our law system, which is a significant milestone, and a more practical significance. Therefore, concerned about the implementation and understanding of this provision will become necessary. This paper first comprehensive analysis the "Company Law:" Article 5, paragraph 1, Carding which contains the logic, Then on the basis of overall grasp this provision, discussed the implementation of this provision.The paper is divided into four parts, their main content is as follows:Part One: the essence of corporate social responsibility .This part discussed the concept of social responsibility first, Through the comparison of representative domestic and foreign concept of corporate social responsibility, I come to my own conclusions: The corporate social responsibility means that when the company in the pursuit of maximum profit maximization meeting the interests of the shareholders, should take into account the interests of other non-shareholders stakeholders, Assume the non-shareholder stakeholders legal responsibility and moral responsibility. And the concept of corporate social responsibility should include The nature of the company profit and the company should bear social responsibility . Then, Through the analysis of Article 5, paragraph 1 of "Company Law", found it recognize the nature of the company's profit, and On this basis, Also should bear the inherent requirement of social responsibility. Therefore, Corporate social responsibility stated in Article 5, paragraph 1 of the" company law" is a amendment of definitely the nature of the company profit. Finally proved that the nature of the company's profit and the corporate social responsibility is unity.Part Two: the corporate social responsibility is the unity of the social legal responsibility and the social morality responsibility. Article 5, paragraph 1 of "Company Law" states that Companies must "comply with the two parts", That is, "the corporation must keep the law , administrative regulations, Compliance with social public opinion, business ethics," I called the first part social legal responsibility, the second part the social morality responsibility. Like the unity of the nature of the company's profit and the corporate social responsibility', the social legal responsibility and the social morality responsibility is unity too. Therefore, A company that is law-abiding can not be taken for granted that it fulfilled social responsibility. In addition to abiding social legal responsibility, we should also attach importance to the social morality responsibility. This requires strengthening supervision to the corporate social responsibility. The author discusses the supervision by the government and supervision by the society in two parts.Part Three: overall grasp Article 5, paragraph 1. After comprehensive analysis this provision, It should also be on their overall grasp. Corporate social responsibility stated by "Company Law" embodies a value concept and value orientation, It is not a simple declaration and the slogan, but have important practical significance norms. On the one hand, it is a mandatory provisions of law, to be countries to formulate relevant laws and regulations be added refinement; On the other hand it is also an open terms, in the trial judges the judge can have legal basis, and the judge can make make a fair and impartial decision by his public conscience with specific economic and social backgrounds . Moreover, the "Company Law" stipulates that the contents of detailed and specific provisions to realize the provision of the corporate social responsibility.Part Four: how to implement the "Company Law" article 5, paragraph 1.The ultimate goal of understanding and grasping the overall for this provision is to fulfill its implementation . Firstly, under the concept of corporate social responsibility, we should construct the relevant laws and regulations of mutual support, integrated, comprehensive, effective corporate social responsibility legal system. Secondly, in the areas of company law, reform of internal management structure, and construct stakeholders governance mechanisms. Specifically, the following three points: (1) adjusting the duties of directors , directors must be responsible for the stakeholders ,and for the realization of the interests of stakeholders to provide protection (2) expansion of the non-shareholder stakeholders scope of protection, increase related to non-shareholder interests the protection efforts, (3) improve the non-shareholder stakeholders in board of directors, board of supervisors system for the realization of common governance mechanisms provide system security. Thirdly, rational promote corporate social responsibility standards certification. Fourthly, we must strengthen the building of corporate culture and education of the company's senior management staff for Social Responsibility.Finally, the author used charts to summarize the entire thesis.