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Legal Research of the Financial Institutions Social Responsibility

Author: WangXue
Tutor: XuWeiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Corporate Social Responsibility Stakeholders Financial institutions Particularity Legislative proposals
CLC: F832.3
Type: Master's thesis
Year: 2011
Downloads: 112
Quote: 1
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Abstract

Company as a modern society for the main purpose of the for-profit commercial subjects, with the continuous development of market economy, has increasingly become the most important market of the main and most important economic power, affects creditors, workers in the commercial relationship, suppliers and consumers, and other stakeholders, the increasingly close relationship with the community, the environment at the same time. Based company an important position in the market economy, domestic and foreign scholars have put forward the theory, and the repositioning of the company's role in society, to strengthen corporate responsibility in society, society should play its economic clout to assume social roles. With economic development, the theory of social responsibility has become increasingly financial institutions world attention, especially after the financial crisis, the social responsibility theory has again been pushed to the theoretical research and legislation peak. The outbreak of the economic crisis in the United States in 2008, financial institutions ignore the social responsibility commitments background, an overview of the basic theory of corporate social responsibility, applying theories from natural and real then two angles expounded the connotation and denotation of the social responsibility of financial institutions, analyzed The particularity of the financial institutions industry, summed up the legislative status quo of China's financial institutions, social responsibility, social responsibility of foreign financial institutions and Legislation of comparative study, explores the meaning and impact of the social responsibility of financial institutions, of our financial corporate social responsibility to put forward a legislative proposal on financial institutions committed to social responsibility implementation mechanism to explore. That modern financial institutions to take into account while pursuing their own interests (the interests of the shareholders) to maximize social benefits, actively take up its responsibilities in the social, financial institutions industry's peculiarities, to decide its commitment to social responsibility has a different way should implement the concept of social responsibility to the company's business philosophy, to make it more effective commitment to social responsibility. This paper is divided into five parts. The first section provides an overview of the theoretical basis of the theory of corporate social responsibility. From the origins and development of corporate social responsibility to define the basic concept of corporate social responsibility, cited the basic theory of corporate social responsibility, and discusses the development of the modern theory of corporate responsibility and corporate law, theoretical understanding of corporate social responsibility theoretical overview. The second part of the analysis from the angle Ought connotation, extension, and the liability of the social responsibility of financial institutions. First, the connotation of financial institutions, including the four parts of the banking, insurance, securities and other financial institutions, and discusses its industry characteristics and social responsibility, to make the definition of social responsibility of financial institutions. Secondly, from the analysis of the social responsibility of financial institutions to the level of responsibility, industry characteristics and stakeholder perspective epitaxial. The responsibility level including economic responsibility, legal responsibility, moral responsibility and charitable responsibility, the four responsibility for contact with each other, constitute a complete system of social responsibility in the activities of financial institutions. Industry characteristics description of the different banking financial institutions, insurance industry, financial institutions and the financial institutions responsible for the securities industry. Stakeholders, including shareholders, employees, financial, consumer, social, government, financial institutions have to deal with the relationship with stakeholders, in order to obtain the sustained and stable development. Finally, closely related to the legal and social responsibilities, liability is an important part of social responsibility, the institutional guarantee for the realization of social responsibility. The third part of the context of the financial crisis to the real probability perspective analysis of the social responsibility of financial institutions. First, the comparative study of foreign financial institutions and social responsibility legislation, specific legislation of the social responsibility of the United States, the United Kingdom and other countries. Among them, the causes and effects of the U.S. financial crisis, the lack of awareness of the social responsibility of financial institutions. The United States is one of the first social responsibility legislation of the country, after the financial crisis, social responsibility more seriously. Social responsibility legislation also affect the other countries of the United Kingdom, France and other countries have developed legislation on social responsibility. The establishment of international standards to promote the development of social responsibility, such as SA8000 United States and the United Kingdom AA1000 standard. Secondly, discusses the legislative status quo of China's financial institutions, social responsibility and related regulations, although these legislative guidelines provisions, no force, but continue to promote the social responsibility of financial institutions. Finally, the U.S. financial crisis has left us with a lot of inspiration, financial crisis, financial institutions bear the social responsibility should be reflected in the care management and sustainable development of the internal proper risk control, grasp the juncture of credit risk in the creation and development of financial derivatives To have a high degree of awareness of social responsibility. The fourth part is the focus of this article, the author analyzes the significance and impact of the social responsibility of financial institutions. First analysis of the awareness of social responsibility of financial institutions, weak awareness of the social responsibility of financial institutions to seek maximum benefits only pay attention to the company management behavior and ignore the social responsibility and assume social responsibility efforts are not enough, in the form of a single, only social responsibility as a commercial activity, not a legal act. Financial institutions should social responsibility as an inherent responsibility. Second, the function of financial institutions, business scope and legal status of the decision of the special nature of its social responsibility, Finally, financial institutions bear the social responsibility of its has many beneficial effects, effectively assume society can promote the development of enterprises, help to improve the financial institutions of society credibility, help enterprises to establish a good brand image, create a positive and healthy corporate culture, the development of financial institutions to add productivity and cohesion. The last part of the legislative proposals and the exploration of the social responsibility of financial institutions in China, discusses the necessity of our social responsibility legislation, and at this stage about the social responsibility legislation and for insufficient attempt to give an opinion. The present stage of the social responsibility of financial institutions legislation is still in the exploratory stage, although the various regulatory agencies and major companies are committed to the study and promulgation of guidance documents and announcements of corporate social responsibility, but mostly just a stopgap measure, and its lower legislative level, China's relevant laws of the Company Law, Insurance Law, \At the same time, I propose the introduction of systematic, specialized financial institutions, social responsibility criteria, and the social responsibility of the Legislative will bear the legalization and standardization. In addition to the legislation system, the article also explores other Realization of the social responsibility of financial institutions, in order to give a valid path for the social responsibility of financial institutions.

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