《公司法》第五条明确了公司社会责任,但是该条对公司承担社会责任的范围、权利主体的界定、责任承担主体及方式等问题均未涉及,在司法实践中欠缺可操作性。文章通过界定公司承担社会责任的标准,提出构建符合我国国情公司社会责任制度的正当路径。 Article 5 of the Company Law clarifies the social responsibility of the company. However, this article does not cover the scope of corporate social responsibility, the definition of the right main body, the subject and the way to bear the responsibility, and it lacks maneuverability in judicial practice. By defining the standard of corporate social responsibility, the article puts forward a proper way to construct a social responsibility system that is in line with the national conditions of our country.