The Civil Liability Of The Public Company Accounting Fraud

Along with the development of the stock market, the affairs about accountancy fraud of the listed companies are more and more, and the civil cases of small shareholders to the listed companies are also more and more. For the small proportion of Circulating stocks in the whole rights, it makes small shareholders being on a sticky position, and holding shareholders often usurp on rights and interests of small shareholders. The development of the stock market should be support by the investment confidence and their funds of small shareholders. If small shareholders were subjected to loss but could not get in expiation, they would not participate in stock market, and the development of our country stock market can be a malarkey. So it will be significative of the research on civil liabilities of the listed companies' accountancy fraud .This dissertation consists of five parts. Chapter 1 discusses the research motivation of accountancy fraud. It expounds the arises of the accountancy fraud from the theories, and introduces scholars and their points on accountancy fraud, and my research methods. Chapter 2 discusses the theories of laws to accountancy fraud. They includes concept, classifications of legal duty, explains of civil responsibility, and actions of every kind of legal duty. Chapter 3 discusses particularly civil responsibility of the listed companies who made accountancy fraud. Contrasting internal laws to other countries', they were confirmed who should burden the legal duty of accountancy fraud what would be burdened in this part. At the same time, the part explains the principle of the liability adscription. Chapter 4 discusses the case of Hongguang. We draw the conclusion that some defects existing in our legal system to deal with the listed companies' accountancy fraud was fundamental reasons that resulted in the failures of small shareholders lawsuit. Chapter 5 discusses the measures to those defects. We should be establishing quickly institutions of Group's lawsuit and the...