Studies On The Civil Liability Of The CPA

In the securities market, Certified Public Accountant is considered as the financial information auditor, provider, and has certain social responsibility for the authenticity of information disclosed. When Certified Public Accountant false statements these are illegal behaviors cause damage to the interested party, which shall be investigated for legal responsibility. The responsibility caused by Certified Public Accountant false statements belongs to the tort liability on property, and it shall be suitable for fault-presuming principle. The composition of the tort liability should be paid attention:(1) Evil behaviors mainly assume four forms these are false recordings, misleading statements, major omissions and not timely disclosure;(2) Damages just assume pure economic loss;(3) Identification fault shall conduct qualitative and quantitative analysis;(4)The causal relationship identification should distinguish the direct causes to the indirect.For responsibility assumption, first of all, compensation scope shall be defined two aspects which are the content of property loss and calculation time zone; Secondly, for the computation of compensation amount, it can adopt the American modification of the Real Price Difference Method; Finally, as to the distribution of responsibilities, supplimentary liability and joint liability should be distinquished according to the different faults of the certified public accountants.According to the above analysis to our country civil liability of Certified Public Accountants, Our country should establish and perfect independent, special judicial authentication committee system in the part perfecting civil liability system of Certified Public Accountant; Moreover, it should be cancelled preceding procedure in civil proceedings to protect the lawful rights for interested parties, and promote Certified Public Accountant industry developing smoothly.