企业社会责任的法律化

On the Legalization of Corporate Social Obligations

企业社会责任最初以道德责任的形式出现,后来,一部分企业社会责任逐渐发展为法律责任和软法责任,并同道德责任并存。由于法律责任能够依靠国家强制力保障实现,因而法律责任化后的企业社会责任的实现便变得非常确定。当然,企业社会责任的法律责任化也会受到诸多因素的限制,在条件允许的情况下应尽可能扩大法律责任化的范围。有时,软法可以借助其特有的提倡性规范促成企业社会责任的实现,但由于缺少了国家强制力的推行,因而软法化的企业社会责任的实现总体上变得不确定。这时有必要引入司法能动主义,且从广义上看,司法化也属企业社会责任法律化的应有之义。

CSR comes forth on the form of moral responsibility initially,and part of CSR gradually becomes legal responsibility and soft law responsibility subsequently coexisted with the moral responsibility. Because legal responsibility can be realized through state force,CSR which has been turned into legal responsibility can be realized without a doubt. Of course,there are many factors which can limit the turn from CSR to le-gal responsibility,the scope of legal responsibility should be extended by any possibility under the allowablecondition. Soft law responsibility can be realized sometimes by soft laws＇hortative norm. But the realization ofCSR that has been turned into soft law responsibility becomes uncertainty as a whole,because soft law responsibility can not be realized through state force,At this time ,it is essential to introduce judicial activism to realize soft law responsibility which is also an approach to turn CSR into legal responsibility.