Certified Asset Appraiser The Civil Liability To The Third Party

With more than 20 years of rapid development, our assets valuing industry has played an increasingly important role in the socialist market economy.Certified Public Valuer,Certified Public Accountants and Lawyers constitute our three major service industry.The authority of asset evaluation has won universal recognition for its fine evaluation technical, scientific assessments and independent professional position However, as the participants of capital market, risks of asset evaluation are also increasing in practice.In recent years, in our securities markets, some listed companies' lawbreaking cases have been exposed.Among these cases, many of them are related to assets evaluation. The problem of asset evaluation agencies' civil liability has aroused extensive concern in society. Because of the special characteristics of assets evaluation, there may be some differences between the assessment conclusion and actual assets conditions. This leads to the dispute of Certified Public Valuers' civil liability among the legal sector,assets evaluation sector, social and public sector.Our country has not enacted the Certified Public Valuer Law.The laws which regulate Certified Public Valuers' actions widely scattere through the Company Law, Securities Law, and the judicial interpretation of Supreme People's Court, and these laws do not clearly define Certified Public Valuers' civil liability.However, in the capital market, how to allocate investment risks between Certified Public Valuer and other market players are very important to protection of investors and career development of registered asset evaluation industry.Searching for a balance between Certified Public Valuer's legal responsibility and investment risk of investors is the problem we must face.Therefore, discussing Certified Public Valuers' civil liability has great significance in theory and practice.This paper includes four parts.The first part surveys development of Certified Public Valuers,discusses the scope of the third party, defines the nature of Certified Public Valuers' civil liability.On aspects of defining the nature of Certified Public Valuers' civil liability, currently there are two different views.Some view it as contractual libability,and others view it as tort libability.In author's opinion, Certified Public Valuers' civil liability should be defined as tort libability.The second part discusses the principle of liability, thinking that the principle of liability should adopt the principle of liability with fault.The third part discusses the constructive conditions of Certified Public Valuers' civil liability,thinking that its constructive conditions should include four elements.The fourth part classifies the the problem of Certified Public Valuers' civil liability,thinking that asset evaluation agencies should bear the civil liability, and when Certified Public Valuers cause the damage intentionally or with gross negligence, asset evaluation agencies have the recovery right. On the scope of compensation, based on China's realities, we should adopt the principle of limited compensation,not the the principle of entire compensation. This part finally analyzes the excusatio of Certified Public Valuers.