Tort Liability Of Certified Public Accountants

Certified Public Account (CAP) is playing a more important role in social economic life with the improvement of corporate governance and development of stock market in China. The tort law of the People's Republic of China was adopted on December 26,2009. It gives rise to the discussion of liability for tort of CPA again. As a result, it is much of theoretical significance and practice value to investigate the intension of the liability for tort of CPA for the development of CPA industry and legalization of relative subjects now.Combining accounting and auditing, this paper will discuss the liability for tort of CPA in the eyes of law. This paper includes foreword, four chapters of main body, and conclusion.The foreword part leads to the contracture of this writing by introducing the case of Kelong Company.The First Chapter gives a brief introduction of the liability for tort of CPA. Firstly, the definition, characteristics and development process of CPA's civil liability is introduced. Secondly, comparison is made between different legal liabilities of CPA. Finally, the article analyzes the legislation about the liability for tort of CPA in China.The Second Chapter discusses the composing elements of the liability for tort of CPA, namely faults, the tort, results and the cause and effect relation. And then, the paper analyzes legislation and cases in China.The Third Chapter discusses the criterion of liability for tort of CPA. After discussing the theory and practice of criterion, the conclusion can be made that the fault liability should be used actually, and the law has taken this opinion.The Fourth Chapter researches the bearing of legal liability and defense matters of the CPA's liability through analyzing the composing elements of the CPA liability thoroughly, including the subjective items and the objective ones. The final conclusion part summarized the main contents of the former parts, and enumerated the theories and research findings through all chapters, and also clarified the result of research of this paper.