The Study Of Civil Liability Of Asset Accreditation Agency

The institution of asset accreditation is compulsive in our country. The compulsive institution of asset accreditation is of Chinese characteristics, which takes the statutory capital system as its basis, and its value aims at protecting creditor's interest. Asset accreditation agency are required to bear the civil liability because of unreal asset accreditation, that is the important way of realizing value of the compulsive institution of asset accreditation. Since Supreme Court instituted the legal interpretation on civil liability of asset accreditation agency in 1996, the legislation, justice and theory about the civil liability of asset accreditation agency have being have deficiency to a certain extent. The constructive fault and limited liability principle about the civil liability of asset accreditation agency are restated in Law of Corporation, which is revised in 2005, but there are many problems that must be researched thoroughly.This paper discussed constructive fault principle when it clarified connotation of"unreal asset accreditation"; it clarified that the cause is neglecting the particularity of asset accreditation, on the basis of analyzing the legislation, justice and theory about the civil liability of asset accreditation agency. The author tried to find the differences between forced asset accreditation and unforced asset accreditation, between forced asset accreditation and audit, and between unforced asset accreditation and audit; On the basis of the particularity of asset accreditation, this paper discussed the rationality of liability for tort, and the scope of limited liability and creditor in forced asset accreditation, and discussed the civil liability of asset accreditation agency in unforced asset accreditation.