A Research On The Legal Affairs In The Independence Of The Company Auditing

(SOA),together with < the Securities Act of 1933 > and ,aims at promoting regulatory system and mandatory disclosure system for the capital market; the public pin their hope on improvement of facticity and reliability of information disclosure for protecting the investors. SOA was characterized as the most far-reaching reforms for accountant and auditing profession—It enhanced public company accounting oversight and independence of auditing. The point of the thesis is mainly stemming from SOA and the relevant enforced rules: 1) Under SOA, it is valid not only for the domestic affairs of America, but also for the overseas companies which have issued (or will issue) stocks in U.S.A and are registered with the"Public Company Accounting Oversight Board"(PCAOB) to undertake financial statement auditing. i.e. the rules and principles of SOA have the force to govern the corporations and individuals of other countries; SOA, which acts as international law, has played a key role for national economic and capital market. 2) Through deep study of the rules listed or enlightened in SOA on independence of auditing, the goal it would persuade is: the obligation to insure the auditor's independence is the duty of the company, other than the auditors themselves; and therefore in order to ensure"independence of auditing", it should be with a view to the improvement of corporation governance. Under the lead of law, regulations and governance principles, making corporation well-effective, the legal rules and restricted qualifications for the important auditing organizations to be well self-governed are the domain of the concern.From the angle of the corporation government——internal governing and external governing ,which selected and arranged in accordance with the importance, the internal organ consists of the Board of directors, the Audit Committee and the Internal Audit,the External Audit is involved in the external governance. During the study, Law and Economics professional knowledge intergraded, analysis and induction, classification and abstraction, comparison and conclusion are adopted. Legal rules and system arrangement would make the above-mentioned organizations independent and effective, which may realize the goal of independence of auditing. In a word, a perfect corporation governance is beneficial to independence of auditing; Independence of auditing not only can strengthen the corporation governing, but also may evade the risk of the law. Thus it makes sense both in theoretics and practice by the research of the thesis.