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Study On Certified Public Accountant's Civil Tort Liability

Posted on:2010-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z SunFull Text:PDF
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Since the mid-20th century, Europe and the United States Institute of Certified Public Accountants industry has entered a "litigation explosion" time, Requirements of certified public accountants shall bear legal responsibility lawsuit has increased dramatically.It is essential to modern market economy that the Certified Public Accountants Provides"credit"for the society. In the securities market, the company's financial report reflects the financial position of the company, profitability and cash flow, are the majority of the securities market participants to judge the importance of a rational basis for investment. Institute of Certified Public Accountants is an intermediate body, and it is independent of the owners and managers of enterprises and even government departments. Certified public accountant verifying the enterprise manager of the accounting information provided by. Institute of Certified Public Accountants issued an audit report, to serve more and more extensive market participants. Certified public accountants are auditors and providers of accounting information. Ownership and the right of management separation produces certified public accountants. Institute of Certified Public Accountants for the authenticity of the accounting information must have the social responsibility. Audit report is the carrier of financial information, belongs to information products. The particularity of the audit report is infinite copy and distribute.When the CPA of wrongdoing damage stakeholders, how to hold the legal responsibility of a certified public accountant and how to relief the victims of legal theory and practice are the important theoretical and practical questions。In order to protect the legitimate rights and interests of investors and establish China's securities legal system, must improve tort liability system.In this paper, from the analysis of current legal responsibility of the registered accountant, preliminary analyzed the legal responsibility of the registered accountant and the legal system of the defects. On research methods, ways of Law in the main study method supplemented by the audit, combining multidisciplinary. Analysis of certified public accountants civil tort liability law system. Discusses the legal responsibility of the registered accountant system problem. In my opinion, a certified public accountant liability system must be fully reflected the professionalism of Certified Public Accountants. Conclude thereby, and put forward my own views. This article is divided into introduction, main body, conclusion.Introduction. Analyses the civil liability of the infringement of certified public accountants legislative situation. Based on the research background, the current research and content, analysis of the occupational characteristics of certified public accountants of the impact of its legal responsibilities. Elaborated the legal responsibility of the registered accountant system construction for the urgency and enormous theoretical and practical significance.Main body carried out on, from the following five parts:The first part, Tort duty of Certified Public Accountants. Defines the tort concept of duty and nature of the relevant. This chapter focus on the concept of tort liability and the nature of CPA. Introduction of the reasons for the formation of Tort Liability and the evolution, defines the nature of civil liability. Certified public accountant fails to fulfill the "reasonable diligence", cause the loss of stakeholders, Certified public accountants violated legal obligations, Certified public accountant not in breach of a contractual obligation. Certified public accountant should bear the liability for tort.Discussed the scope of responsibility, and distribution system of civil liability. Based on the analysis of the above in, the paper puts forward his claim. The responsibility of the registered accountant is the combination of law and policy, conducive to the protection of accountants to ensure the availability of living space, and to protect the legitimate interests of third.Part II, certified public accountants civil tort liability of the principle of accountability. Based on the domestic judicial practice and the current law. To discuss how to learn from foreign experience and the differences between the legal profession and auditing profession. And put forward my own views and reasons.The third part, the CPA civil tort liability constitutions. Introduced the criteria of an offense, fault, causation and damage. Analyzes the problems, reviews of accounting and legal professional standards for certified public accountants.The fourth part, some Suggestions of Civil tort liability system. In civil law system on the basis of the analysis, reform proposals put forward.1.Understanding role and status of the guidelines for certified public accountants.2 to improve litigation conditions and prepositional procedure. 3. Improve the legal system. 4. Improve the Commission's duty to identify the functions and responsibilities of cpa. 5. The promotion of the liability insurance system and the occupational risk fund. 6. To strengthen the accounting system. Want to help improve the law and judicial practice.Conclusion. At the basis of the full text, Emphasize the importance of perfect legal responsibility system. Legal responsibility of the registered accountant system involves all aspects of market economy. We must consider the particularity of activities for certified public accountants. Regulation of the duty should not exceed the reasonable scope of. Otherwise, the register would be contrary to the development of the accounting profession law. Restrain the normal, healthy development.
Keywords/Search Tags:Certified public accountants, Tort liability, Criterion of liability False statements, Interested parties
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