If the shareholders are not employees of the company, their encroachment on the company's property belongs to the civil creditor-debtor relationship, which can be investigated through litigation and other means.
I. Shareholders
Shareholders refer to individuals or units that bear limited or unlimited liabilities for the debts of joint-stock companies and enjoy dividends and bonuses by holding shares. Shareholders who subscribe for shares from joint-stock companies have certain rights and obligations. The main rights of shareholders are: to attend the shareholders' meeting and have the right to vote on major issues of the company; The voting rights of directors and supervisors of the company; Distribute the company's profits and enjoy the right to share dividends; Issuing stock creditor's rights; The right to request the transfer of shares; The right to claim bearer shares instead of registered shares; The right to dispose of the remaining property when the company fails to operate, declares closure and goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders.
2. What should shareholders do if they occupy the company's property in partnership?
If a shareholder is also a staff member of the company and takes advantage of his work to occupy the company's property, which may constitute a crime of occupational embezzlement, he may report the case to the public security organ.
If the shareholders are not employees of the company, their encroachment on the company's property belongs to the civil creditor-debtor relationship, which can be investigated through litigation and other means.
Three. Precautionary measures for embezzlement of property
According to the provisions of the Criminal Law, if the perpetrator encroaches on other people's property, forgetting things or buried objects, only a large amount will constitute the crime of embezzlement. However, criminal law and judicial interpretation are not clear about "large amount" and "huge amount". In judicial practice, judicial organs generally refer to the standard of the amount of theft, while the Supreme People's Court has stipulated the floating amount for the "large amount" and "huge amount" of theft, and authorized the provincial higher people's court to set the specific amount within the floating amount range according to the actual situation in various places. The Higher People's Court of Heilongjiang Province stipulates that the amount of theft is more than 1,000 yuan, and the huge amount is more than 10,000 yuan.
Legal basis: Article 271 of the Criminal Law of People's Republic of China (PRC).
Crime of embezzlement: Staff members of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves, 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.
Crime of Corruption Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel engaged in public service in non-state-owned companies, enterprises or other units appointed by state-owned companies, enterprises or other state-owned units who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.