Basic Study for Legal System Planning of Corporate and Other Organizations Social Responsibility.

本研究的重点是规划与“社会责任”相关的法律的制度时需要考虑的几个基本问题，将其范围从商业企业扩展到非营利组织，这些组织不仅是商业企业的对手，而且在其自身的非营利商业活动中表现出越来越重要的作用。荷兰东印度公司的活动可以放在德国企业社会责任的历史背景中来考察，现行《反垄断法》对不公平行为缺乏有效的控制，ISO 26000的起草过程是一个进步，合规性和对利益相关者的适当考虑是企业社会责任的核心。新《公司法》的颁布使董事必须考虑股东以外的利益相关者的利益，非法院强制的规范（如习惯做法和社会规范）的产生和遵守机制对企业社会责任具有重要意义，从政治经济学的角度来看企业社会责任理论是富有成效的。很明显，《总协会和基金会法》将对非营利公司的治理产生重大影响，传统上被视为个人问题的道德方法是有效的组织和标准问题，消费者组织行动系统中消费者组织的社会作用受到质疑。作为研究的成果，将于2007年秋季由Keiso Shobo出版社出版一本名为《企业社会责任-现状》的书，而法律学院则在2007年夏季学期，利用企业社会责任论坛的捐款，为本科生开办“企业社会责任”课程。

This study focused on several basic issues to be considered for planning legal systems associated with "Social Responsibility", extending its scope beyond business enterprises to not-for-profit organizations which are not only opponent to business enterprises but are showing increasing importance in its own not-for-profit business activities.For Basic Research Group, it became clear that activities of Dutch East India Company could be placed for historic context of CSR in Germany, that current regulation under Antimonopoly Act is lacking of effective control on the type of unfair practices which is to lesson free competition, and that drafting process of ISO26000 is progress where compliance and paying due consideration to stakeholders make the core of CSR.For Business Enterprise Group, it became clear that in the U.K. new Companies Act was enacted which obliges directors to pay consideration to stakeholders other than shareholders, that mechanism of generation of and compliance with the norms which are not forced by the court, such as customary practices and social norms is significant for CSR, and that CSR theory from the point of view of political economy is productive.For Not-for-profit Organization Group, it became clear that General Association and Foundation Act will give big effect on the governance of not-for-profit corporation, that an approach regarding the ethics which has been traditionally deemed as an issue of individual as an issue of organization and criteria is effective, and that a social role of consumer organization is called in question in consumer organization action system.As a fruit of the study, a book tentatively titled "Corporate Social Responsibility - Present Situation" will be published from Keiso Shobo in autumn, 2007, and the Faculty of Law offers a course on "Corporate Social Responsibility" with the fund donated by the CSR Forum for undergraduate during summer term in 2007.