On Legal Responsibility Of Certified Public Accountants

Since the 1980s, legal liability of CPA has been a hot topic arising general interests in the professional both in accounting field and legal field. The article defines the CPA' legal liability system basing in the theory of juridical logic and puts forward efficacious measure.Full text uses the traditional ideas of putting forward, analyzing and solving issues expounding from the legal theory and legal regulations practice.The text has six parts. The first chapter, the introduction section expounds the background and significance of this paper, the research content and scope and research approach, method. The research scope is real sense of personal responsibility of CPA, namely the external audit responsibility. The second chapter, juridical analysis of CPA' legal liability. It focuses on the legal responsibility of CPA's concept, nature, form, rules and other basic problems trying to establish theoretical framework for the whole text. Specific research parts will get ideas and support from this chapter. The third chapter, the forth chapter and the fifth chapter is the classification study of CPA' legal liability. It mainly discusses the criminal liability, civil liability and administrative liability. The mentality discussed with theoretical analysis combining with regulations and measures in the end. The criminal liability is affirmed by the four elements doctrine. Civil tort liability to the third party of CPA' is affirmed from several aspects, such as responsibility nature, responsibility principle, liability form and disclaimer reason. Although administrative liability has the rare content in the penalty way, it is affirmed with the theory of legal liability composition for the future of judicial application' preliminary design. The forth chapter elaborates some solutions to the problems of the legal liability of CPA, both in the trend of laws and specific rules. In allusion to the part of civil, criminal and administrative, it puts forward concrete suggestions such as strengthening civil legislation and establishing new law system to solve the conundrum in the trial because of audit specialty. In addition, it presents detailed suggestions for the core law of《Law of People's Republic of China on Certified Public Accountants》Finally, the full text summarizes with the epilogue.