Research On The Criminal-civilian Crossing Problem Of Large Shareholders’ Violation Of Small And Medium Shareholders

Our country’s company law stipulates that company ownership and management rights must be separated,and the legal person’s property and the shareholder’s personal property are independent.However,the implementation of this law is not ideal in practice.In order to maximize their own interests,major shareholders directly or indirectly intervene in the company’s Operation and management violated the legitimate rights and interests of the company’s small and medium shareholders.Due to imperfect laws and regulations,imperfect civil remedies,imperfect financial management and other reasons,a large number of civil violations and criminal crimes are intertwined,and the criminal-civil cross-problem involved has become the most prominent in the field of economic crimes and economic disputes in my country.It is difficult to distinguish whether this illegal act is a civil violation or a criminal offence.The research on criminal-civilian intersections in theoretical law has been on the fringe for a long time.There is no systematic and standardized theory,and practitioners can’t come up with refined judgment rules.In practice,the qualitative problem of criminal-civilian cross-criminal cases caused by large shareholders’ infringement of the rights and interests of small and medium shareholders has become a "blocker" for judicial workers,and "different judgments in the same case" often occur,which seriously damages the justice of justice.Therefore,the problem of large shareholders infringing on the rights and interests of small and medium shareholders needs to be solved urgently.It is of great theoretical and practical significance to seek feasible and predictable solutions.This article adopts the method of case analysis and comparative analysis to discuss from five parts.The first is to introduce the background and current research status of the criminal-civilian cross-problems that large shareholders infringe on the rights and interests of small and medium shareholders;second,it introduces the legal definition of large shareholders and small and medium shareholders,and distinguishes the relationship between large shareholders,controlling shareholders,and actual controllers;On the basis of the definition of civil cross,six typical cases were selected to conduct empirical analysis on the problem of large shareholders infringing on the rights and interests of small and medium shareholders,and the common methods for large shareholders to infringe on the rights and interests of small and medium shareholders were flawed capital contributions,related transactions,and illegal guarantees,Misappropriation of funds,derogation of equity,etc.,and further determine the scope and reasons of the criminal and civilian cross-problems that large shareholders infringe on the rights and interests of small and medium shareholders;then from the perspective of domestic and foreign legislation,examine the civil law,corporate law,and criminal law on this issue The basic position of the United States and Japan is to compare the legal regulations of the United States and Japan on the same issues,and to draw legal experience that can be used for reference.Finally,some practical suggestions and countermeasures are put forward to solve the problem of China ’ s major shareholders infringing on the rights and interests of small and medium shareholders.