Legal analysis
As an enterprise organization with independent personality, the company is responsible for all its property, and its shareholders are limited to its capital contribution. In other words, the responsibility of the company is completely separated from the responsibility of shareholders. Even if all the assets of the company can't pay off all the debts of the company, the shareholders of the company are exempt from recourse against the creditors of the company. The so-called use of position convenience refers to the use of authority and position-related convenience. Authority refers to the power within the scope of my position and post, and the convenience related to my position refers to the convenience formed by taking advantage of my position or post, or by other personnel, although I do not directly use the authority of my position or post. Including: using the power of being in charge, in charge, handling, deciding or handling certain matters; Relying on one's own power to command, influence subordinates or take advantage of others' functions and powers related to posts; Rely on, rely on authority, position control, control others, or use the authority of people with their own needs. The transfer of the company's property by a major shareholder without permission belongs to the transfer of property by taking advantage of his position, which is a criminal act.
legal ground
Article 271 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.