Is the company illegally arresting shareholders or legal persons?

Under normal circumstances, a legal person should bear the responsibility for violating the company's laws, but the shareholders who participate in it, as the person in charge or the person directly responsible, may also bear the responsibility for violating the law. If the company violates the law, it means that the legal person bears the responsibility, but the legal person is not a natural person and will not be arrested. The responsibility of the company shall be borne by the company independently, but if the shareholders participate in the violation of the law, the person in charge of the unit or the person directly responsible may also bear the illegal responsibility. In addition, if the company's shareholders abuse the independent status of the company as a legal person and the shareholders' limited liability to evade debts, which seriously damages the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

Under normal circumstances, legal persons should bear the responsibility of violating the law.

First of all, legal persons generally bear the illegal liability, but the shareholders who participate in it can also bear the illegal liability as the person in charge or the person directly responsible. That is, if a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished.

Secondly, the company is an enterprise legal person with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.

Thirdly, if the company's shareholders abuse the independent status of the company as a legal person and the shareholders' limited liability to evade debts, which seriously damages the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

To sum up, the illegal shareholders of the company are the main body of the company's criminal behavior and should bear criminal responsibility. The punishment for corporate crimes is the "two-penalty system". Impose property penalties on the company, including fines and confiscation of property; Individual offenders shall be investigated for criminal responsibility according to the types of crimes stipulated in the Criminal Law.

Legal basis:

Article 3 of People's Republic of China (PRC) Company Law

The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property.

Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution;

Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.

Article 30 of People's Republic of China (PRC) Company Law

After the establishment of a limited liability company, if it is found that the actual price of the non-monetary property contributed by the company is obviously lower than the amount stipulated in the articles of association, the shareholders who contributed shall make up the difference;

When the company is established, other shareholders shall bear joint and several liabilities.

Article 31 of the Criminal Law of People's Republic of China (PRC) stipulates that if a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.