Research On The Civil Liability Of The CPA Audit Report False Statement Of The Special General Partnership

From the perspective of the entire securities market,as an intermediary agency accounting firms are mainly responsible for the task:The shares of the company's accounting,accounting statements and other accounting audit verification work to do all the year round;Issue of audit report for the company securities issue;The open Corporation issued interim or annual audit report,temporary major matters of attestation report etc..Certified public accountants audit because it is independent of the audited units,so it is the most critical level,but also the final hurdle.Because of this,the "economic police",which is known as the "economic police" in the securities market,has been paid much attention to by the countries all over the world.Basically established the certified public accountant audit as the important means of the listing Corporation accounting information disclosure quality control.The financial management status of the listing Corporation will greatly enhance the credibility of the financial report and provide a reliable basis for the investors and other parties.In recent years at home and abroad have a large number of financial fraud case,each behind the scandal has a problem of accounting firms,such as Enron,Arthur Andersen,qiong min yuan-Hai nan China,Yin guang xia-Zhong tian Qin,causing the credit crisis of CPA industry,A certified public accountant has a rapid increase in the case of a civil action due to the provision of false statements and reports.Registration however,unfortunately,because of legal liability is not clear,the main body of the civil liability is not clear,the principle of liability and the burden of proof is not clear,the lack of compensation for the calculation of a series of laws and regulations,such as the absence of the public investors prohibitive.Based on this situation,the supreme law of2007 and 2003,the number of civil compensation cases caused by the false statement of securities market,and some of the provisions of the trial involving accounting firms in the audit business activities of civil tort compensation.In the judicial practice,many major theoretical issues and practical issues of the civil liability of the CPA audit report have been defined and clarified,which has cleared the way for the effective trial of the CPA's audit report false statement.The legal system of securities civil compensation in our country is in the stage of judicial practice.With the current full completion of all securities qualification accounting firms,the restructuring will be carried out in the form of a special general partnership,the issuance of audit reports.It may be an important issue in the current judicial practice,which is due to the fact that the false statement of the audit report and the civil liability caused by the legal proceedings.The main purpose of this paper is to establish a set of system of civil liability of CPA,which is a large and medium-sized accounting firm,which is the main form of CPA industry.In order to serve as a reference standard for the determination of the civil liability of the CPA audit report of the special general partnership.Provide to the judge as a special general partnership accounting firm and its certified public accountant is the important basis to protect the legitimate rights and interests of investors and certified public accountants,and promote the special general partnership accounting firm to do great.In this paper,the author uses inductive inference method,the use of comparative analysis and the use of empirical research,accounting,auditing,and the law of these three major disciplines of organic integration.The authenticity of the audit report of the special general partnership accounting firm and the significance of the false statement.Analysis of the differences in the understanding of civil liability of civil liability of the CPA firm,which is to establish a special general partnership system,to provide a theoretical basis for the audit report of the civil liability system.At the same time,in the background of the legal system,the accounting audit system,the cultural background and the securities market,we compare and analyze the similarities and differences of the civil liability system of the special common partnership between the two countries.With the reality of China's securities market and accounting firm,it is put forward to meet the current civil compensation liability system and the distribution of the civil liability of the partners.Finally,through the typical case,in order to test the practicality of the theoretical research results of this paper.Specifically:Firstly,this paper summarizes the domestic and foreign literature,the research content,ideas,methods,and the innovation and shortage of this research.The relevant concepts of the civil liability of the CPA audit report of the special general partnership accounting firms are defined,and the characteristics of the special general partnership and the development stages of the civil liability of the CPA firms are analyzed.This paper introduces the effective market hypothesis theory,the fraud market theory as well as the tort law of the civil liability of the false statement of the audit report.Secondly,it expounds the nature,the principle of liability and the legislative practice of the civil liability of the false statement of the audit report in the United States and China.The civil liability.of the false statement of the audit report should be identified as the tort liability and the liability principle of the tort liability.Analysis of the special general partnership accounting firms audit report false statements in the form of three.The development trend of the objective truth and legal reality of the authenticity of the audit report is introduced.It mainly discusses the influence of the nature of audit,the relationship between the audit report's authenticity,the organization form of accounting firm and the authenticity of the audit report and the "materiality" of the audit report.Again,the analysis defines the concept of the intentional,gross negligence,the general negligence and the scope of its practice in the special general partnership accounting firm.The distribution of the civil liability of the special general partnership accounting firms is discussed,for example,practicing partners and regulatory partners,project partners and their management of the signing of certified public accountants and other project team members,project partners and consultants,experts,project partners and partners,the partnership affairs management committee,the partnership affairs committee,the functional organization partner.The scope,the method and the way of calculating the civil compensation liability of the misrepresentation in the two countries in China and the United States are introduced in detail.China's audit report false statement civil liability subject "monism" and"dualism" standard was introduced in this paper.And put forward the "dualism"standard should be applied in the special general partnership.Finally,the Huayang Technology disclosure violations Reanda involving false statements,a typical case of the theoretical research perspective have been tested.The main research conclusions of this paper are:(1)the nature of the civil liability of the certified public accountant should be characterized as the tort liability.The reason is that the outstanding advantage of tort liability is to get rid of the limitation of the relative contract,and avoid the difficulty of legal responsibility.It to expand the scope of civil liability to the investors in the securities market,in line with the goal and requirement of the civil liability of false statement.(2)According to the judicial practice of various countries and the particularity of our country's securities market,we should adopt the principle of fault presumption to deal with the civil liability of certified public accountants.It is conducive to the protection of small investors,and does not cause the CPA industry into a difficult situation,highlighting the law's fair and equitable.(3)From the view of the organization form of accounting firm,the ultimate purpose is to fully exert the supervision function of the CPA audit,serve the needs of the public interest,and perform the supervision function of the final report.The characteristics of the organization form of accounting firms are closely related to the authenticity of the audit report,compared with the limited liability system,the special general partnership system has more power to improve the authenticity of the audit report.Therefore,to define the audit report issued by the certified public accountant is true,it should be analyzed in the form of accounting firm.It should be defined as the objective reality of the audit report;The special general partnership accounting firm should be based on the law,and the law is real and objective reality.(4)From the point of view that the security market is still in a weak state and the burden of proof for the victim,the criteria for the determination of the false statements of the audit report should be based on the criteria of the investors' decision.(5)From the publication of independent auditing standards,the effect of business execution,the objectivity of audit risk and the amendment of the relevant laws and regulations of the Securities Act and the Securities Act of our country,the independent auditing standards can not be regarded as the standard of the non fault of certified public accountants.(6)Using the results of the research on the law of the law,it is proposed that the certified public accountants have no fault and fault degree by the standard of "not achieving the necessary audit discretion".The standard contains both the legal aspects of "rational people pay attention to" standard,and contains of CPA industry professional and technical standards(Independent auditing standards).According to the standard of "not achieving the necessary audit discretion",this paper gives a definition to the false statement of the audit report,the major negligence,the general negligence and the scope of its practice fault.(7)the characteristics of the civil liability of the special general partnership accounting firm are as follows:the two elements of the form of the civil liability,and the partnership with limited liability.These features are likely to increase the risk of conflict between the interests of the partners and the creditors of the external debt risk.Through the signing of the partnership and regulatory partners,project partners,and other project team members,project partners and consultants,experts,project partners and partners,the partnership affairs management committee,the partnership affairs committee,the various functions of the various functions of the parties,such as civil liability,to look forward to the interests of stakeholders to achieve a balance of interests.(8)A special general partnership,has the duality,easily lead to protection of creditor's interests,should be in the civil liability bear on the main body of the "dualism" standard,is practicing fault partner with the accounting firm as the foreign contractors responsible for the main.(9)the determination of the loss of civil compensation shall apply to the calculation of the difference of the transaction price,and shall deduct the market system's risk and non systematic risk.At the same time,expanding the scope of compensation for damages,will Youkong false representations lead to losses and to the reasonable expenses paid by the litigation should also be into.(10)The extent of the fault of certified public accountants should be distinguished from the civil liability of compensation,that when the registered accountants in the presence of intentional or gross negligence,the application of joint and several liability rules,accounting firms should be associated with the issuer,listing Corporation,securities underwriting,securities listed on the loss of investors to bear joint liability;When the certified public accountants only ordinary negligence,the application of the proportion of liability rules,only bear the part of the court's judgment should bear the liability of compensation.So,both to punish illegal behavior,to protect the interests of investors,but also to make the mistake of a lighter CPA into a deep pocket dilemma.(11)Through the Huayang Technology disclosure violations Reanda involving false statements case theoretical research in this paper point to test that:The results of this paper can accord with the current situation of our country's judicial practice,and can be used as the important basis for the trial of the CPA firm and the certified public accountant.This paper may have some innovation:First,in respect of the nature of the audit discipline,and the "objective reality" and"legal true" standard of the trend of the balance of the organization form of accounting firms to define the authenticity of the audit report.To the limited liability system of accounting firms,it should be based on objective and true to define the authenticity of the audit report,the special general partnership accounting firm,should be the legal reality,and the reality of the law and the objective reality.Second,from the independent audit standards of the issuing agency,business implementation effect,the objectivity of audit risk and the relevant laws and regulations such as the Securities Act and so on,the independent auditing standards can not be regarded as a single certified public accountant has no fault criteria,but as the minimum objective criteria.Referring to the research results of the law,and put forward the standard of "not to achieve the necessary audit caution",unified in the standard framework to clearly define the special general partnership accounting firm,partner and certified public accountant,the concept of gross negligence,general negligence,and further clarify the scope of intentional,major negligence,general negligence.Third,according to the responsibility of the special general partnership with duality and easily lead to the problem of protecting the interests of creditors,proposed in the special general partnership,civil liabilities of CPA firms assume principal part should be based on the standard of "dualism" is practicing fault partners participating CPAs together as the external accountability subjects.The use of the current typical case of the theoretical study of the empirical test,can be involved in the civil procedure of accounting firms to play an important reference role.The limitation of existence lies in:first,there are many differences between the accounting profession and the legal profession in the many aspects of the audit report of the audit report of the accounting firm,the theory and method of both sides can accept and run in.In this paper,the scientific nature and feasibility of the audit report of the special general partnership accounting firm is also needed to be further verified.Second,limited to data collection of constraints,this article only of some typical cases were analyzed,not to our country's existing audit report false statement case of comprehensive carding and analysis,it is possible to lead to issues related to the research conclusion is biased.