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CPA's Infringement Responsibility To The Third Party

Posted on:2004-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2156360092991379Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Recent years the faulse accounting question of company has been the important thing on Chinese capital market, which shaked the basis of market company. On one hand, people began to suspect the reality of CPA report ,on the other hand, think the CPA's civil responsibility again. Although there are some related stipulation in the legislation of our country, they are too simple and hard to use ,and theorists haven't a systematic idea. The essay discussed the CPA's infringement responsibility to the third party mainly through the linking of accounting and law.The essay expound the basic stipulation of CPA's auditing business and civil responsibility through the analyst of the present conditions of CPA's auditing business of our country. CPA's auditing business involve two legal relations, one is contract relation between the bailer and CPA, another is a special trustful relation between CPA and the users. Therefore, there are two kind of requesting rights: breaking contract and infringing right. The essay discuss CPA's civil responsibility to the third party.Surveying the theories and practice all over the world, the countries such as German insist on contract responsibility according to providing contract by silent information and protecting the third party. However, America and England tend to infringement responsibility, because they think there isn't strict contract relations between accounting and the third party, and CPA against the liability stipulated in advance.The third party can be devided to the direct third party, the predicted third party and the third party which can be predicted reasonably. CPA should undertake compensation responsibility to the known and should be known related person because of intention, undertake compensation responsibility to the known related person because of important or common unpremeditated crime and should not undertake compensation responsibility to the related person because of small negligence.There are different opinions about CPA's infringement responsibility to the third party between accounting area and law area. Accounting area emphasis the reality of auditing process and ensure rationally, but law area empress the reality of the result. The writer think that CPA provide professional credit and is the appraiser of the market economy, so the reality of auditing process can't avoid the civil responsibility because of the wrong auditing result.The constitution of CPA's infringement responsibility must involve four documentsas follows: firstly, the behavior must make mistake; secondly the behavior against law, thirdly the damage fact exists; finnally,there is a causality between the infringing behavior and the damage fact. As to the question of the responsibility judging principle , there are fault responsibility and non-fault responsibility. We think that it's proper to take special fault responsibility-fault-infer responsibility as the responsibility judging principle of CPA's infringement responsibility. The reason is that CPA's responsibility information is an open behavior and CPA as a profession is superior in the information announcing. Thus, it's better to protect small stockholder's benefit.As to the undertaken of CPA's infringement responsibility, CPA should undertake proportional responsibility or related responsibility respectively according to different faults. If CPA is on purpose, he must undertake unlimited related responsibility to the damage of embezzlement, or only undertake proportional responsibility.Finnally, the essay put forward some advices to improve CPA's infringement responsibility system, pay attention to the linking of securities law and CPA law, and enhance the supervisor and management of CPA and the construction of CPA's honesty and trustworthiness.
Keywords/Search Tags:CPA, The third party, Infringement Responsibility
PDF Full Text Request
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