There flexive law method of corporate social responsibility regulation
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D922.291.91;F270

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    Abstract:

    The emergence of reflexive law solves the problem of rules cognitive and normative legitimacy in substantive law and prompt the transference from CSR1 to CSR2. CSR reporting and the rule of comply or explain are two major realization mechanisms of CSR under the reflexive law method. However, the reflexive law method never changes the foundation that CSR is a kind of volunteering and outside responsibility. The defects still exist in outside performance and inside system. It can be supplemented by "internalization of external responsibility". For the localization application of reflexive law method, to strengthen the systematic construction of CSR legislation in China, and to improve the level of CSR in China, this paper analyzes the formation of reflexive law theory and its theoretical connection with CSR, demonstrates the practical needs of applying reflexive law method in CSR regulation, and analyzes the CSR regulation paradigm shift and implementation effect brought by the reflexive law method within the scope of practice. On this basis, this paper analyzes the development and bottleneck of China's CSR regulation, and re-classifies CSR, to build a "reflexive law +" model of CSR regulation in China with reflexive law regulation as the core, supplemented by sustainable corporate law and mandatory CSR and other substantive regulatory methods.

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华忆昕.企业社会责任规制反身法路径的适用与反思[J].重庆大学学报社会科学版,2021,27(3):134~147

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  • Received:
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  • Online: June 09,2021
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