The Research On Expert Liability Of Certified Public Accountant

All around the world's legislation of the expert liability of CPA are enacted explicit. The American's legislation is perfect but China's law system exist deficiencies. Therefore, there is great need to perfect China's expert liability of CPA by draw lessons from other countries.The nature of the expert liability of CPA is a debated problem. The author holds that the nature of expert liability of CPA should not remain single, it should be the complex system of liability for contract, the liability for tort and for tort and the coincidence of the liability for contract. The CPA break the contract and compulsory law should assume liabilities.The CPA's contract liability of mandatory could application of contract for authorization of loans by mandate. For mandatory's fault, the CPA could traverse by cite contributory negligence .The author makes a theoretical exploration of liability for tort. Since liability for tort is the emphasis of this thesis, here introduces the imputation principle and the fault element in the elements of tort. How to define a CPA's fault has always been the focus of argument between accountants and jurists. The author thinks that the abidance of Generally Accepted Auditing Standards (GAAS) and the maintenance professional discretion should be combined to define a CPA's fault. The legislation should definite the third party. By the division of responsibility, should be differentiate intention and negligence. As intention, the CPA should bear joint and several liability, as negligence, the CPA assume several liability.There are two legislation hold about the subject of expert liability of CPA. The author hold that the form liability of accounting firm is vicarious liability, but for the long, as the uniform of act and liability, it's necessary to recognize the CPA's individual liability ,and it's depend on the development of insurance for profession liability.