Preliminary Discussion Of The Two Basic Problems On CPAs' Civil Liabibity

The Certified Public Accountant (hereafter'CPAs') has been a focus on the information announcing question of capital market all the time to the third party's civil liability ,and the problems of liability principle and causality are the key content. The rationality of two questions concerns the validity to the third party's liability systems of the whole CPAs directly. The legal settlement of the two problems directly influences third party ,CPAs ,CPA firms to third party's lost liability ,so investors ,CPAs industry ,law circle and others pay much importance to them.Chapter One has analyzed the content and meaning to the two basic problems of the third party's civil liability of CPAs .This chapter divided into two sections :Section One has discussed the contents of the liability principle and causality at first .Especially ,according to the range of third party ,it divides the liability principle into basic and specific principle ,and .divide the causality question into the identification and asserting of causality . It points out in encroach right law the meaning of the two basic problem to the system of CPAs to the third party's civil liability . Chapter one is a logic starting point of this paper.Chapter Two analyses the two basic problems separately .Two basic problems become the difficult point in the third party's civil liability of CPAs, for there are serious opposition of auditing and law science , modern and traditional rule in the two questions ,and the antithesis has caused the serious difficulty to judicial practice again. So section one of this chapter preliminarily discusses four problems: basic liability principle, specific liability principle, standard of fault, the identification of fault. Audit and law circle have great difference in fault issue in nearly all aspects, so the section analyses it on the basis of paying close attention to the difference. Causality asserts and proves that the questions of two respects interweave each other, traditional causality rule is unable to meet certified accountant assert to the third party 's civil liability causality, and the modern encroachment of right rule is unable to solve the identification problem of the causality in the judicial practice, so we must seek the effectual solution . Along this train of thought, this chapter section two probe into modern encroach right between rule and traditional causality regular revision sequentially, modern encroach right rule one's own limitation and causality tool value theory , trusting the principle of inferring, aiming at seeking asserting and identification problem of solving causality effectively. In liability principle and analysis foundations of various fields of causality correctly,this chapter has also affirmed some effectual solutions of developed countries of capital market, such as U.S.A. ,etc. preliminarily.Chapter Three analyzes the current situation to two basic problems of the third party's civil liability of our country. In order to use the above-mentioned content to solve two basic problems to the third party's civil liability of CPAs in our country, it has discussed the realization way and great defect of the two basic problems under the frame of encroaching right.Chapter Four proposes the suggestion on the two basic problems of the third party's civil liability in our country. Due to the complexity of the information announcing environment of capital market, the traditional rule to liability principle and causality in general encroach right law is unable to meet the practical need under such problems .So we must expand ,revise or restrain all the aspects of the basic problems during the traditional encroach right law ,aiming at the final goals .Under the guidance of such a train of thought, this chapter proposes four suggestions: using independently audit standards as CPAs judgement of fault, adopting the principle of "fault to infer", setting up concrete liability principle of CPAs to the third party's civil liability, pursuing professional liability insurance system .As to the causali...