供应商行为守则的特性分析及其对权益保护的法律意义

Codes of Conduct:Characteristics and Legal Significances

本文在界定供应商行为守则概念的基础上指出了供应商行为守则的效力根据与本质,即它是供应链上游的采购商利用其强势地位在突破传统的平等合同关系的同时又利用合同关系保障其产品精神价值的实现和成本转移的市场机制。文章认可行为守则机制在劳工权益及社会权益保护方面的积极意义,并在此基础上分析了行为守则的普遍性与相对性,以及行为守则在实施过程中的优劣特性。结合这些特性分析,文章认为供应商行为守则对于在中国保障劳工权利及其他权益具有独特的作用,并论证了中国企业的守法经营也是国际供应链上的必然要求。此外,文章认为供应商行为守则也有促进中国法律与国际劳工标准和人权标准相协调的作用。文章进而建议国际采购商依照国际劳工标准和人权规范改进其行为守则的内容与实施方式,也建议走向国际的中国企业以这一手段减少国际市场风险和树立企业责任形象。

This paper,having defined the concept of Code of Conduct,points out its effectiveness'source and its essence,i.e.a code of conduct is a market system in which the outsourcing companies of the upper position in a supply chain make use of their dominant status to break through the traditional equal contractual relationship between business parties,yet meanwhile depend on the contractual relation to guarantee the spiritual value of their products and to realize the transfer of cost.The author endorses the positive significance of the Code of Conduct system in protecting labors'as well as societal rights and interests,and further analyzes its features of universality and relativity,and its merits and shortcomings in the process of implementation.With these analyses,the author posits that Codes of Conduct have unique effects in protecting labors'rights and other rights and interests in China.It is also proved that operating business following rules of law by Chinese companies is also a necessary requirement in the international supply chain.Besides,the author believes that Codes of Conduct may also play an important role in harmonizing Chinese law with international labor standards and Human Right standards.It is further suggested that international outsourcing companies should improve the content and implementing mechanism of their Codes of Conducts with reference to international labor standards and Human Right norms.Chinese enterprises which are stepping into the world are also advised to take advantage of this system to reduce risks in international market and to establish good images of corporate responsibility.