The Civil Liability Of Certified Public Accountants (CPA)to The Third Party

The civil liability of certified public accountants (CPA) to the third party is a hot and difficult problem. At first, CPA should only undertake the liability to the trustee. Along with the complication of social economy life, more and more people begin to rely on CPA's report to carry on the decision-making. They rely on CPA's no-false report and carry on the decision-making to suffer the loss .Whether CPA should undertake the responsibility to the third party like these people? With reviewing oversea and domestic legislation practice, this article discuss on this issue in both the accounting and the law ways. The dissertation divides into six chapters.The article begins with introduction. In this part we introduce the research background of this article, and discuss domestic and foreign summary.In chapter 1, with concentration on the special status of the CPA, we introduce the basic theory of CPA's civil liability to the third party, also included CPA's disciple of a master specialized skill as well as its disciple of a master social function. We draw out that CPA's expert status characteristic the disciple of a master to the society"the attention duty". The"attention duty"of CPA is the base of the civil liability to the third party.In part 2, we restrict the scope of CPA to the third human of civil liability. The Civil Law system and the Common Law system take great dissimilar opinions on this issue .How to limit a reasonable scope is the key point of settling the problem. In part 3, the writer introduces the liability principle to the third party of civil liability. Taking a research on the different opinions of this issue, the writer interprets that we should take the fault liability as the principle, with collateral method of the inversion of the liability of giving evidence.In part 4, we discuss how CPA undertakes the civil liability to the third party. It's the core part of this article. First the writer defines the range of the third party which related to the subjective state of the CPA, in the second we analyze the constitution of the liability. At last we give out the patterns of shouldering the responsibility. The part 5 includes the survey of the foreign legislation system. The writer considers we could draw lessons from the USA practice which provides us some helpful experiences.In the last part, after making an investigation of current local legislation system and pointing out the deficiency, the writer give some suggestion of the perfection of our CPA liability system.