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Study On Certified Public Account's Civil Liability

Posted on:2005-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:L S LiFull Text:PDF
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The CPA is a product of the market economy, and the important supervisor that market economy smoothly develops, known as the economic police not living on the regular pay by the government. Since Supreme Court issues [1996] 56 the letter of law, the CPA in our country involves case increasingly day by day. In 2003 Supreme Court issues judicial explanatory " about civil compensation for false statement in security market several regulations of case ", so the civil compensation of the securities enters the judicial process , and numerous investors have judicial bases to the civil claim of false statement of the listed company. The CPA, as one of the main bodies of disclosure information in security market ,will become the defendant of false statement lawsuit most probably ,and will face the lawsuit crisis again. Beginning from the cause of the civil liability of the CPA and based on the existential background of the CPA profession, the author puts forward some advises on the reasonable definition of the CPA liability.Chapter One sets from development course of CPA's carrier, probes into the meaning and characteristic of the CPA's civil liability, and analyses development trend of CPA's civil liability. In some country the CPA must bear joint liability , but joint liability encourages plaintiff prosecutes CPA indirectly because CPA invests liability insurance. That makes CPA sink into a lot of lawsuits, influences the development of the CPA carrier, and is helpless to securities market's developing in a healthy way. So some countries abolish the CPA's joint liability gradually in recent years, and adopt conditional proportional compensation responsibility. If CPA breaks the law with intention, he bears joint liability to the plaintiffs losses. If CPA breaks the law with negligence, he bears responsibility according to its proportion of causing damages. This chapter analyses right and obligation relation between CPA and client. The author thinks CPA to client has the obligation of honouring an agreement and height attention obligation based on expert's duty. Height attention obligation of CPA is one legal obligation required to CPA as a expert. According to the request, corresponding operation criterion procedure system is certified accountant bottom standard of operation, the certified accountant except following the procedure request of the operation objectively in the course of operation, mustprudent to reach notice the obligation to do with high job also.In Chapter Two the author makes a analysis of the legal nature of civil liability of CPA. About the legal nature of civil liability of CPA there are liability for contract and liability for tort. An important reason why this situation forms is that legal protecting modes of the pure economic losses are different in the Continent Law and the British-American Law. Losses of CPA's civil liability is the pure economic losses. In Continent Law country through avoiding the regulation of the encroaching right law, it uses contract law to enable pure economic losses compensate and maintain that CPA's civil liability is a kind of liability for contract, even causing damage of the third person is protected by the agreement or tacit declaration information agreement. And the Britain- American Law contract law nearly because of theory, unlook like contract law in Continent Law flexible to expand in order to solve pure case of economic losses, that practice appear to make its unable, so encroach right law is one settlement way of inevitable choice. Therefore British-American Law that Great Britain and America is headed maintains that the certified accountant's legal liability is the liability for tort. Author does not think certified accountant's civil liability nature in our country should be single, it should be liability for contract and liability for tort. Author has also probed into the imputation principle of CPA's liability in this chapter. But audit as a kind of expert's responsibility independently , has very strong specialization. Shortage of professional kn...
Keywords/Search Tags:Trust obligation, The fault inferring, The third person, False audit report
PDF Full Text Request
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