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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。
On the basis of defining the concept of supplier code of conduct, this paper points out that the effectiveness of supplier code of conduct is based on the essence that it is the upstream purchaser to take advantage of its strong position to break through the traditional equal contract while using the contractual relationship protection The realization of the spiritual value of their products and the market mechanism of cost transfer. This article acknowledges the positive significance of the Code of Conduct Mechanism in the protection of labor rights and interests and social rights. On the basis of this, it analyzes the universality and relativity of the code of conduct and the advantages and disadvantages of the code of conduct in its implementation. Combined with these characteristics, the article holds that the code of conduct for suppliers plays a unique role in safeguarding labor rights and other rights and interests in China and demonstrates that the law-abiding operation of Chinese enterprises is also an inevitable requirement in the international supply chain. In addition, the article considers that the Code of Conduct for Suppliers also has the role of promoting the harmonization of Chinese law with international labor standards and human rights standards. The article further suggests that international buyers should improve the content and implementation of their code of conduct in accordance with international labor standards and human rights norms. It also suggests that Chinese enterprises going abroad should reduce the risk in the international market and establish a corporate responsibility image by this means.