One-person Company Shareholders Hold Research On Company Property Behavior

One person company as a new form because of its shareholders after the onset of the oneness and the limitation of liability,the management structure simplification,reality appeared during the company shareholders have the company's property behavior.Although the creation of the company law of our country company law personality denial system constraints,but in the field of criminal law,when one person company crime criminal liability subject how to accurate determination,a person shareholders of company property behavior should be regarded as job occupation crime and the behavior whether should use criminal penalty the plight of the criminal law applicable.In this paper,the author defines the standard of the criminal subject of one-man company from the analysis of the company establishment procedure,the company's will and the interest attribution.According to the objective and subjective analysis of the company's property ownership by the single shareholder,it is considered that the shareholder's possession is not in line with the crime of occupation.According to the inherent meaning of the principle of criminal law,it is argued that the shareholders of a company should not enter into the criminal circle of the crime of occupation and embezzlement,and should not be punished by criminal law.