Research On Tort Liability Of Certified Public Account To The Third Party

Certified Public Accountant plays an important role in the financial and operationalregulation. In recent years, the CPA or their firms frequently appears in the dock. CPA bearsthe responsibility of the third person, which has become a hot topic of theoretical andpractical circles. The CPA industry of China has not a long history, so the legal system andindustry requirements are still incomplete, especially on bearing the responsibility of theinfringement of a third person. The author believes that the CPA profession will developquickly as China’s economic development, and it is very necessary to build a comprehensiveset of tort liability system on infringement of CPA. The article introduces the scope of theCPA to a third party infringement of the third person, the constituent elements of tort liability,responsibility and other aspects.The first part introduces the basic theory of the CPA. First of all the part introduced theconcept of CPA and the legal characteristics of the CPA which are independence, authority,dependence. Following the article introduced theoretical basis on the infringement of a thirdperson, and at the last the article introduced National legislation on infringement of CPA.The second part focuses on the reasonable scope of the third person. The first the articleused a table to show us that the great significance of defining the scope of the third person;and then introduced the complete development of foreign common law, a detailedintroduction to the evolution of the third range-from the principle of contract relative toknown standard of the third person, from foreseeable third party standards to the compromiseline. At last the part introduced the provisions of the third person of the laws and regulationsin our country. The judicial interpretation by the Supreme Court on2007defined the "thirdperson" clearly which has certain practical significance. But I consider it is necessary to use"reasonable reliance""the burden of proof", etc.The third part introduced the Principle of Liability Elements in detail. There are twoviews on the torts of CPA: the fault liability and no-fault liability. The author thought no-faultliability is unreasonable and proposes to apply the presumption of fault responsibility. Andthen the author introduces the elements: illegality, fault, causation, and damage the fact.The fourth part introduces the responsibility of CPA when they infringed the third party.First of all the part tells that the main responsibility of CPA and the way to bear. Due toChina’s CPA must be attached to the firm in order to practice; this responsibility is not the same with foreign CPA. The CPA bears different responsibilities at different situation. Finally,advanced foreign liability insurance is introduced, according to the accounting profession, theinsurance industry and economic development, China should develop this advanced system.