Study On Certified Public Accounts' Guaranteed Rights In The Civil Compensation

With the development of market economy and maturity of the capital market in our country,certified public accountants who played economic police role in the market has attracted the attention of more and more people.Due to they mastery a lot of financial information about other enterprises in market,this role received extensive attention of the other subjects.However,due to the certified public accountants industry belongs to a strong professional intermediary industry,the professional knowledge of their stuff has affect the quality of its work results.In recent years,with the advancement of legal system in our country and legal consciousness in our people,which bear the legal liability of certified public accountants risk is more and more big.In order to reduce the huge compensation when bear civil litigation to the loss of certified public accountants and public accounting firms,it is urgent to establish a set of perfect measures to safeguard the lawful rights and interests when certified public accountants is facing civil actionThis paper adopts normative research method,through the analysis of laws and regulations in the field of civil law in our country,combining with professional law for certified public accountants industry and relevant professional standards,combined with accounting,auditing and legal.Besides that,in combination with the practical situation of our country and draw lessons from the beneficial experience of developed countries to put forward the measures that suit the situation in our country's certified public accountants civil compensation.Different from other infringement act,because of its expert responsibility,certified public accountants assume civil liability has its own characteristics.In particular,it has following points.Firstly,CPAs' civil liability cognizance process is very complicated.Secondly,the composition of its causality is difficult to determine.Thirdly,there are lots of compensation claim subjects and it is difficult to determine the real subject of compensation by reasonable approach.Meanwhile,the experts liability and fair liability in terms of assume compensation limit,different stakeholders have different views,it is also a complex point when certified public accounting is undertake the civil compensation.At present,our country in the protection of the legitimate rights and interests about the civil compensation for certified public accountants has many problems,highlight of the following points:First of all,when certified public accountants shall bear the liability for compensation,compensation amount allocation is not science,certified public accountant took on far more than the scope of responsibility of the liability for compensation.Secondly,not enough emphasis on professional insurance in this industry,insurance insured by far from covering the scope of business,and the insurance company also no willingness to accept insurance of CPA professional insurance,the market not form a sufficient competition.Thirdly,in extraction of occupational risk fund without forming scientific methods,and the fund management is not formed by a good system.Foreign countries has mature laws and regulations about civil liability of certified public accountants than our country.So our country can absorb foreign advanced experience and enhance our regulation about certified public accountants bear civil liability and pay compensation.Firstly,wo should improve the measurement about bear civil responsibilities of certified public accountants and establish a scientific methods about the compensation distribution.More importantly,wo can improve certified public accountants professional insurance system,to establish a professional insurance system covering the whole industry.Besides that,establish a system which can limit the profit distribution of the accounting firm and make it have enough money to pay compensation.Last but not least,establish a common compensation fund cover whole industry to improve compensation ability.Those above all system could reduce the bad effect about CPAs and accountant firms,protect their personal interests,professional reputation and economic benefits.Besides that,that measured can promote the healthy development of China's CPA industry,make it take part in the fierce international competition and enhance the international competitiveness of China's local accounting firms.