Regulation Of Accountants Practicing Law

In western countries, certified accountants are called "police in economy", who are quite essential in modern society. For more than 100 years, every country have been exerting its efforts to regulate the execution behavior and guide the "safe-guard" function in economy. Therefore, it is related to the existence and development of certified accountants to regulate certified accountants by law, but the whole social economy order as well. The thesis introduces the failure and success during the process of regulating certified accountants by law in developed countries. Meanwhile, it introduces the current conditions and shortages of regulating certified accountants in China. The thesis analyzes the regulation in other countries and provides some useful advice. In that way, China could not make the same mistakes that developed countries ever made. On one side, China could protect the legal benefits of certified accountants, on the other side, China could regulate the execution behavior of certified accountants to protect the public benefits connected with the execution behavior.There are five parts for the thesis, which are:The First Part: the necessity for regulating execution behavior of certified accountants by law. First, it analyzes the problems for certified accountants in detail and in system, through certified accountants, accounting firm and law system in market function. Then, it discusses the necessity for regulation, which is closely relevant to public benefits, investors' benefits and healthy development of social economy.The Second Part: the supervision pattern of certified accountants' execution behavior. It introduces the two major patterns in united states, Japan, Britain and so on, which are administration-centered pattern and self-governing-centered pattern. Through introducing the supervision patterns of certified accountants' execution behavior in developed countries, it expects to do some good to the supervision patterns in China in some aspects. For United States' supervision pattern is the most perfect in the world, it discusses the current conditions and reform of supervision pattern for certified accountants in execution behavior in United States. The reform, resulted from Arthur Andersen accounting firmscandal, overcomes the shortcomings for other countries' supervision patterns.The Third Part: the organization pattern for certified accountants execution. It is an important supervision method to stipulate the organization pattern to the countries in the world. As Britain is the original place for certified accountant, the thesis introduces a lot about the process of organization pattern. Being the most advanced countries in certified accountants, United States experienced various organization patterns, which needs studying and researching. Therefore, the thesis introduces the current conditions of organization patterns in China. Then, it analyzes whether China could accept the patterns of company, partnership and limited liability partnership respectively. At last, the thesis suggests that china could accept partnership as the organization of certified accountants' execution in recent times and accept limited liability partnership as the suitable organization pattern in the future.The Forth part: the civil liability of certified accountants. If there is no capacity of right, there is no necessity of civil liability. So, the thesis introduces the capacity of right for certified accountants in the examination system, the capacity of right for certified accountants in the examination system and registration system. There are "stipulation for civil liability of certified accountants in the world", "characters of civil liability of certified accountants", "nature of civil liability of certified accountants", "doctrine of liability friction in civil liability of certified accountants" and "subjective factor of civil liability of certified accountants" in this parts. At the same time, the thesis provides some advice on legislation and jurisdiction of civil liability of certified accoun...