Study On The Application Of Joint And Several Liability Of Accounting Firm’s False Statement Proportion

In the judicial practice of misrepresentation disputes,more and more courts adopt "proportional joint" to determine accounting firm’s liability.The responsibility of securities misrepresentation case includes internal recovery responsibility and external responsibility,among which the external responsibility is an important embodiment of investor’s attention and protection.Therefore,in order to better protect the interests of investors,it is necessary to improve the application path of accounting firms’ proportional joint liability from the perspective of accounting firms’ external proportional joint liability to investors.In addition to the introduction and conclusion,the body is divided into five chapters,the structure of which is as follows:The first part analyzes the reasons and results of the judgment of accounting firm’s proportional joint and several liability.In the process of analysis,the degree of fault,the degree of cause force and the standards of diligence and responsibility of accounting firms are considered to be the main factors affecting the result of judgment.After the analysis of the reasons and results of the judgment,it is found that the applicable law expanded interpretation,the degree of fault is unclear,the cause is not clear and the standard of diligence is not clearly defined.In the second part,aiming at the problems existing in the application of proportional joint and several liability,this part researches the practical basis of its existence from the perspectives of judicial innovation and legislative ideas.The definition of its concept,the characteristics of liability and the comparison with other forms of liability are discussed,and then the general theory of proportional joint liability is explored.The third part mainly analyzes the causes of the problems existing in the application of the proportional joint and several liability of accounting firms: First,in the trial of cases,the court often needs to expand the interpretation of applicable law articles,the reason is the lack of applicable legal basis,the lack of which is reflected in the current law has not clearly stipulated and the meeting minutes are not legal.Secondly,for the unclear degree of fault in the trial of cases,the reason is attributed to the conflict of law application and the confusion of subjective determination in judicial practice.Thirdly,the cause force was not clearly defined in the trial of the case.The main reason is that the direct cause and indirect cause were not distinguished,and the cause force was not judged through the duty of care.Finally,the main reason for the unclear definition of the standard of due diligence is that the standard of due diligence is not specific and does not distinguish the duty of care.The fourth part makes a comparative study on the joint and several liability of accounting firms in the United States and Japan.By comparing the fair share of the United States and the joint compensation liability of Japan,it provides a new idea for the development of the proportion of joint liability of our country.Specifically,it is reasonable to learn from fault-centered accountability mechanism,fair share proportional liability and expert statement and non-expert statement system.In view of the specific application of the problem,still should be in line with the actual situation of our country,not cause the problem of "soil not acceptable".The fifth part,combined with the experience outside the region,summed up the application of proportional joint and several liability perfect path.First of all,in the application of proportional joint and several liability,the applicable laws should be clearly defined and the connection between law and judicial interpretation should be done well at the same time.Secondly,in terms of the degree of fault and cause force,it is necessary to clarify the degree of fault of accounting firms,the size of cause force,and the relationship between fault and cause force,so as to make the proportional joint liability more reasonable and fair in the application.Finally,on the issue of diligence,we should clarify the connotation of diligence and the standards of diligence in accounting firms.