Cpas' Civil Economic Analysis

With the deepening of the construction of socialist market economy, CPA as witness and survivor, play a great role in the economic construction. However the current situation of CPA is not gratifying. There are many concealed damages on the developing way of CPA, because the work quality of CPA is low and the work environment is not perfect in the recovering time.Certified Public Accountants are functioning as the most important gate—keepers in the process of assuring the quality of information disclosure system has been severely distorted by the flood of misrepresentation. Shocked by a series cases about misstatement, especially the Enron case and the case of "yinguangxia", most countries around the world began to question the credibility of the Certified Public Accountants. I found that one important reason of this phenomenon is that the legal liability of Certified Public Accountants is not clear, especially that the civil liability is in default and the liability cost for false audit report is too low. It is important to re-construct the credibility of the industry of Certified Public Accountants, for both maintaining the order of securities market and protecting the interest of investors.The first part, the thesis introduce to the basic system of CPA, and illuminate the development of the cognition of the legal liability of Certified Public Accountants internationally and nationally, in the second part, the thesis describe the meaning category and scope of the Certified Public Accountants from the point of the principle of law; emphases the civil liability of the Certified Public Accountants, namely expert liability. In the third part, the thesis commence to analysis the civil liability of the Certified Public Accountants from the angle of law economics, and bring forward my own opinion: That kind of liability minimizing social cost is the proper liability of the Certified Public Accountants. The fourth part continue the third, make Hand formula as the criterion of judging the civil liability of the Certified Public Accountants, and analysis several instances of judging whether the Certified Public Accountants have offence. In the fifth part, the thesis I think that strict liability should be used as the principle of confirm duty on the Certified Public Accountants. In the fourth part, themost important part of the thesis, the thesis describe the CPA legal liability present condition and analysis about existing situation of CPA legal liability, the definition standard for legal liability is not clear, among the exiting law, civil liability is looked down upon, some codifications are not perspicuity and full of flexibility, and I put forward to thoughts of perfecting the criterion of the CPA legal liability. Author's recommended solutions are as follows: perfect the relative law and stipulations establish the role of the independence audit rule, and so on.The author analyzes the cost when CPAs assume the legal liabilities in the society and thinks that the Legal Responsibilities of CPA is the best when the total cost is low, because it meets the goal of the Legal Responsibilities of CPA. Then the author points out some problems of the Legal Responsibilities of CPA in China and give some advice to it.Anyway, the study of legal liability is a long wan to go, the author sincerely hope to get your comments.