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Civil Liability Of Certified Public Accountants In Securities Fraud

Posted on:2017-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:N N LuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Securities fraud is a kind of securities illegal or even criminal behavior,which includes insider trading,fraudulent customers,manipulation of market and misrepresentation.In the process of independent audit,the CPA deliberately,negligently or without fault to intervene in the securities fraud,so in the certified public accountants of securities fraud civil liability,the rules become the most prominent principles of theory and practice.This paper explores the legal and accounting circles of the differences between the civil liability of certified public accountants and the differences between the emergence and development of the history,and the root of the differences between the legal system and the accounting industry.The foregoing seeks to bridge the divergent paths.This paper is divided into five chapters:The first chapter is the theoretical basis of this paper.The first section of this chapter discusses the four types of securities fraud,including definitions,constituent elements and legal provisions.The second part of this chapter,based on the foregoing,argues that the nature of CPA's securities fraud is a kind of tort liability,which is that "the civil liability of CPA misrepresentation is not directly derived from compulsory information disclosure obligation","CPA false statement civil Responsibility is the expert responsibility "two legal characteristics.The third part of this chapter discusses the legal function of civil liability,and considers it has three functions of "prevention and normative function","punishment function","compensation and relief".The second chapter discusses the problem of the CPA's civil liability in securities fraud from the legal angle.From the legal perspective,pointing out that the legal profession to determine the standard of false audit reports;theoretical arguments and historical development of judicial practice as a clue to the different principles of attribution and that the presumption of fault is the legal profession of the general point of view.In practice,there are many CPA commitments,and the legal profession that this is a kind of audit report on the contents of the guarantee responsibility.The third chapter discusses the problem of the civil liability of certified public accountants(CPA)in securities fraud from the accounting point of view.From the accounting point of view,pointed out that the accounting profession to determine the criteria for false audit reports to clarify the accountancy industry on the principle of imputation position.Finally,it discusses the CPA's commitment to the CPA's commitment clause,which argues that the commitment clause is not a guarantee obligation,but an appraisal obligation.The fourth chapter first discusses the legal profession and the accounting profession on the CPA division of the root causes of differences,and then on this basis,to explore ways to bridge the differences.The author thinks that the causes of the root cause can be found from the philosophical dimension,the institutional dimension and the historical dimension.Based on the grasp of the reasons,I believe that from the ideological,legislative,institutional up to bridge such differences.
Keywords/Search Tags:civil liability, securities fraud, certified public accountant, false statement
PDF Full Text Request
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