Article 5, paragraph 1 of the "Company Law" in my country clearly requires the company to bear social responsibility。The main purpose of the company is profit，The company's social responsibility requires the company not only to realize the interests of shareholders，and consider the company's creditors、Employee、Consumers、The interests of many stakeholders in the community where they are located。Company social responsibility as a basic principle of business law，has been confirmed by the Chinese Company Law。But in terms of system positioning，The company's social responsibility is a separate principle，Or part of the components of other principles，It should still be incorporated into the concept of business law，There are still many disputes。Under the background of the amendment of the company law，Disputes in this sense will further affect legislative expression。

　　Bet365 app download

Looking at global，There are two types of legislative models: maximum interests of shareholders and maximum interests of stakeholders。Although the company's social responsibility is related to the maximum model of the stakeholder，But it is rare to write the company's social responsibility directly into the company law，Part of the reason is that its meaning is unclear，and in constant change。

Professor Coroel, American scholar, divides the company's social responsibility into a pyramid four -layer structure，Economic responsibility from the bottom up in order、Legal liability、Ethics responsibility and self -determination responsibility。The company's most basic function is to manufacture products and provide services，Get bet365 Play online games profit for it。Legal liability requires the company to abide by the rules，During the operation, it is regulated by the parties。Ethics responsibility emphasizes the company based on voluntary，You can do some additional charitable work。The self -determination responsibility at the top is to master huge resources、It is capable of changing large companies such as economy or ecology in certain regions。Scholars who oppose the social responsibility of the company，Then I think the company’s duty is to make money，Do not do what charity organizations or government departments should do。

The scope of the company's social responsibility is greater than the company's charity donation，The latter refers to the company's charity purpose，Donation of their assets to individuals or organizations such as individuals or organizations，The former except donation，It also involves environmental protection、Product Quality、Various factors such as employee benefits。The company's social responsibility is also different from ESG (environment、Social and company governance)，The object of the company's social responsibility is mainly a traditional company interest -related person，ESG is developed from the principle of responsible investment，Pay attention to the company's sustainable development，The indicator system and content are richer than the company's social responsibility。

　　Company social responsibility currently legislative and judicial company

At the current legal system in my country，There are three characteristics of the regulations of the company's social responsibility。First，Principles stipulated in the law、Differential。For example，"Civil Code", "Food Safety Law", "Tourism Law", "Company Law", "Network Security Law", "Enterprise State -owned Assets Law", "Partnership Enterprise Law", etc.，The principle of principle stipulates the content of the company's or corporate social responsibility。Bet365 lotto review 2，For specific fields，Adopt the list，Rich in content，But the performance level is lower。For example，Online trading platform operator、Direct sales enterprise、Certification agency、Central Enterprise、Foreign contracted engineering industry、Insurance industry、Bank financial institutions, etc.。third，Principle of principle is not high。The most typical example is Article 5 of the Company Law，Few cases of this model directly apply。

In the judicial referee，The judge's use of the principle of social responsibility of the company，reflected in four aspects。First，The judge in the company or the referee of the dispute category，The company's social responsibility will be used as a consideration factors。2，In the company's dissolution dispute，Some judges will take the company's social responsibility as an important consideration。But there are also opinions that think，The company's own social responsibility should not be borne by shareholders。third，The most common use of the company's social responsibility，It is the basis for assisting the reasoning in the referee。Fourth，The object of the company's social responsibility is uncertain，At least for the overall interests of the interest group，instead of applying for labor contract disputes of a single individual。

　　The company's social responsibility in the draft corporate law amendment

"Draft of the Draft of the Draft of the Company Law" (hereinafter referred to as the "Three Audit Draft") Article 20, paragraph 1, on the basis of inheriting Article 5 of the Company Law，Added interests of stakeholders/social public interests，enriched the connotation of social responsibility。According to Article 20, paragraph 1, paragraph 1, paragraph 1，"Company engaged in business activities，It should be on the basis of complying with laws and regulations，Fully consider the company's employees、The interests bet365 best casino games of stakeholders such as consumers and other interests, as well as social public interests such as ecological environmental protection，Responsibility for social responsibility "。Compared with the first review and the second review manuscript，The third trial manuscript will be changed to "on the basis of complying with the obligations stipulated by laws and regulations" to "on the basis of complying with laws and regulations"，Delete the word "obligation"，Logic is more smooth。

Draft Article 20, paragraph 2, is the same as the first review of the first review and the second audit draft，belongs to the new clause: "The country encourages companies to participate in social public welfare activities，Announce social responsibility report。"" For this paragraph，It is recommended to change the "announcement of social responsibility reports" to "announcement of sustainable development report、Company Social Responsibility Report and other non -financial reports "。The reason is，International company governance under the influence of ESG，The rise of non -financial reports。Since the third -review manuscript to the announcement of social responsibility reports is advocating rather than compulsory regulations，So you can increase your advancement，The scope of expansion will be encouraged to expand to non -financial reports such as sustainable development reports。

　　How to put the company's social responsibility

How to place the company's social responsibility principles in the "Company Law，Perhaps thinking about three problems。

First，About legislative mode。The importance of the company's social responsibility is beyond doubt，But whether the company's social responsibility is reasonable，worth questioning。The meaning of social responsibility is versatile，Modern society with continuous diversification of values，What kind of company behavior is in line with social responsibility，It is difficult to clarify。The company Bet365 lotto review should fulfill the regulations of social responsibility，It is not suitable for the system of the company law，Because the company's law is the law that adjusts private interests such as stakeholders who have relationships with the company。Therefore，In addition to being included in the company's social responsibility principle in the "Company Law"，There may also be a unified corporate social responsibility law、Solocent legislation、The basic principles of "Civil Code" and other legislative mode。

2，Regulatory mode of the content of the company's social responsibility，Including principle regulations、Not completely enumerated、Strengthening Directors' obligations, etc.。Article 5, paragraph 1 of the Company Law can be regarded as principled regulations，Although it is clearly proposed that the company should bear social responsibility，But lack of specific content。Some terms of the "Company Law" stipulate the content of employees and other content，It can be regarded as an incomplete way。A question that needs to pay attention in the framework of the "Company Law" is the obligation of directors and executives。To some extent，The company's social responsibility is presented by the manner and executives' obligations。Directors and executives to company shareholders、Creditors、Employee、Is consumer and local governments be obligated? Whether these obligations are all obligations in the company，Is there a different level? What are the relationship between these obligations and Article 190 (responsibility of directors and executives to shareholders) and Article 191 (the responsibility of directors and executives to third parties)?。

third，Whether to encourage the company to participate in social public welfare activities in the "Company Law"。Current，"Social Welfare Activities" in my country'bet365 Play online games s laws，It is mainly reflected in Article 50 of the Women's Rights Protection Law and Article 49 of the Education Law。"Public Welfare Activity" expression，It is mainly reflected in the definition of charitable activities in Article 3 of the Charity Law。If "social public welfare activities", "public welfare activities" and "charity activities" are the concepts of synonyms，So Article 20, paragraph 2 of the Second Trial Manuscript, About "Encourage the Company Participating in Social Welfare Activities" has been in Article 5 of the Charity Law.、Legal person and other organizations practice socialist core values，Promote the traditional virtue of the Chinese nation，Carry out charity activities in accordance with the law "and Article 89" The state encourages enterprise institutions and other organizations to provide places and other convenient conditions for charity activities "，Repeated regulations in the Company Law。

To sum up，At present, the regulations of the company's social responsibility still compare the principles。Specific content about the company's social responsibility，More reflected in the "Company Law"。It is recommended to strengthen the obligation of directors and executives in the "Company Law"，Including the negative object of the voluntary office、Volunteer content and level of responsibility，and encouraging the company to participate in social welfare activities should be the category of "Charity Law"，It should not be emphasized in the "Company Law"。

　(The author is a professor at the School of Law of Fudan University)