The Law Issues Research On CPA's Tort Liability Towards Third Parties

With the gradual separation of ownership and management, Certified Public Accountant industry rises with profound of socio-economic background,and this industry was playing an increasingly important role. In modern society, CPA mainly provide financial forensic services,and it belongs to the experts with special skills.For customer,CPA provides professional and high quality services. For public audits who use these reports,which are often a direct reflection of the operating conditions of the audited entity or development potential.Then,the message may affect the public investment decisions or other economic activity.Essentially speaking,CPA'sreal client is the public, not just their customs who sign a service contract with CPA.In view of the audit report of the professional and authoritative, if the third patries who used these reports, they can claim tort liability to CPA,not only the company,when the false information had damaged them.Because of the pursuit of interest and the lack of supervision, more frequent false statements happen,and it harms to a major hazard to the public, especially in securities market staggering.In recent years, there had been a lot of domestic and foreign certified public accountant were sued for compensation cases. For worse,some large firms were bankrupted because of huge compensation.From the perspective of compensation to the victim loss,strengthening the profession of CPA and norming binding, and to encourage and play the power of private control,we need do more research on CPA's tort liability to the third parties.In this way,we can help this industry develop more healthly.From a structural point of view, this paper is divided into six parts, namely, introduction, chapterⅠ, ChapterⅡ,Ⅲ,Ⅳand the conclusion.From the content point of view, this paper research the main contents as follows:1. In the introduction section, the study focuses on the current fact of CPA tort to third party,and the social background, as well as its necessity. Now research about this question at home and abroad.Then it talks about the major research methods in this paper and so on.2.Chapter I,in which the basic issues of CPA's tort liability to the third are talked about.Section I introduces the concept of certified public accountants and professional characteristics of the industry. Generated by the occupation of the development process,it noted that the nature of the important role of CPA industry.In section II describes the generation and evolution of CPA's civil liability to the third.3.Chapter II,in which the nature of CPA's civil liability to the third party is talked about. Through the comparison between the common law and civil law, with our doctrine and judicial practice, this paper instists that it should be experts tort liability.4. Chapter III focuses on the third infringement CPA identified problems. With related cases, it systemly describes the responsibility principle, fault, damage, and several other aspects. For example, the principle of presumption of fault should be applied to distinguish between intentional and negligent. With the standard of behavior and an objective duty of care, negligent can be diffierently divided into gross negligence, general negligence and minor faults. Damage types and the calculation should be specially considered.At the same time,the compensation should be fully considered,and be restricted properly.5. Chapter IV analyzes the specific commitment issues of CPA's tort liability to the third, section I mainly studies the identify of the plantiff, in other word, the scope of the third parties. Section II talks about the main responsibility,in other wod,external responsibility problems between the CPA and firms. Section III talks about the diffierent type of responsibility.For different fault cases were jointly and severally liable to be, joint supplementary liability and several not really jiont liability.Section IV studied the subject matter and the responsibility of defense negates the problem. It summarized several competent and objective aspects of the common defenses.It claim that we should perfect the insurance System of CPA professional liability as soon as possible.6.Conclusion.In this part,it makes a brief summary of the paper,and explains some issues required for further study.This innovation is the whole text talk closely around the legal issue of CPA's tort liability to the third parties.With a progressive research ideas to follow, it analysis from the responsibility, respectively, Infringement and specific accountability,which obvious ly makes the study more systematic. In addition, the introduction and analysis of relevant law cases, is also an innovative attempt of this article.