The Research Of CPAs' Liabilities For Tort

The special position of the Certified Public Accountant in the social economic life determines the special duty of its liability. Establish a reasonable mode that accordance with our country's condition to control the liability of CPA will effectively regulate the behavior of CPA. However because of the lack of communication between the law fields and the accountant fields, the problem is still in discussion without a definite conclusion.This paper analyzes the characteristics; the work principles and practice of CPA with the law theory in order to definite the law interests and the law essences. Combined with the theory and the practice, the paper analyzes the requirements, the confirmation standards and the criterion of liability of CPA's tort and put forward with some suggestions on how to establish a reasonable and effective mode of the CPA's liability.This paper can be divided into 4 parts:Part one makes a brief introduction of the CPA's liability. First the paper introduces the development process of the CPA's liability system, then analyzes the characteristics of CPA's liability, at last analyze the object ( namely other relation person) scope of it and divides the objects into main beneficiary, the foresee third beneficial person and other foresee third person.Part two analyzes the four composing important items of the CPA liability, namely the tort, faults , results and the cause and effect relation. The tort is the behavior that the CPA provides mendacious audit statement. The disputes between the law field and the accountant field on the confirmation of mendacious audit statement can be resolved. Faults means the psychological attitude when he is doing the behavior, and it includes intention and negligence. Some special conceptions in the accountant fields would influence the cognizance of the gravity of fault of the wrongdoer. The results in the CPA's liability mean the reasonable expense that can be anticipated by the wrongdoer. The cognizance of the special operation of China's CPA , verifying the capital, needs a highest limitation, and the time of the report should be taken into account. And the cause and effect relation should be affirmed by the theory of appropriate cause and effect relation, limit the liability of CPA by the cause。Part three researches the criterion of liability of the CPA's tort. At present there are still disputes between the law field and the accountant field on this problem. After comparison the criterion of liability of the CPA's tort, the conclusion can be made that the fault liability should be used.Part four analyzes two special problems of the CPA's tort. First problem is the subject, namely the person take the responsibility. Different from other countries, the accountant agency takes the responsibility of the CPA's liability in China, and it should be compensated from the accountant who caused the tort. Second problem is the defense causes. The defense causes of CPA's liability is different from the others. Combined with the CPA's business characteristics ,the paper analyses concretely the problem.