| In the operation of the capital market, accounting information is playing quite an important role in making social resources get the rational disposition , sometimes, even the decisive factor. Therefore, the quality of accounting information is the base of healthy development of capital market. However, false accounting information floods the capital market. After enduring the evil consequence caused by inferior accounting information, the masses of investor resort to law to protect their own legitimate rights. According to the conclusion made by China Securities Regulatory Commission on Nov 5,2001 and the notice of the Supreme People court, Civil case of the Bohai Group is accepted by the Supreme People court formally as the first civil case in security market. But the case involves lots of complicated professional knowledge about accounting. This has gone beyond the scope of the judge to some extent .So the case is still undecided. Therefore, it is vital to define legal liability of relevant personnel. In the course of law enforcement, forensic accounting arises at the historic moment. Forensic accounting can confirm legal liability in civil case because of particularity in accounting and professional competence Nowdays, forensic accounting draws the attention of accounting profession circle as a brand-new accounting field. In order to promote the practice of forensic accounting, it is necessary to strengthen this field. So, this thesis is based on the legal liability of accountants, making a series of research on the concept , function, reason and our need . All of them have made a foundation. This thesis carries on six parts to explain.1. Current research on forensic accounting. Forensic accounting, yet virgin land, is necessary for us to strengthen it. This thesis, we have reviewed the origin and development of forensic accounting at first. Theorigin of forensic accounting, much earlier than what we have imagined, can trace back to 1817 years . With the modern development, more research has been made in U.S.A. and the obvious effect has been made in the practice. AAA and CPA have devoted a lot to this achievement. Finally, we summarize the current situation, point out value of results and analyze the limitation. All this has provided a guide for future research.2. Concept and function of forensic accounting. From this part ,we try to discuss some basic theories about forensic accounting. Foreign scholars and domestic scholars make different definitions about the concept of forensic accounting. Seeing that this thesis is studied from this angle of legal liability of the accounting profession circle, the author defines it "The accounting firm accepts a commission to survey legal liability of the accounting profession circle and collect evidence."3. Reason of forensic accounting. The birth of forensic accounting has its inherent roots which are linked with accounting, auditing and law. So the chapter illustrates the birth from three respects. First, the control function of modern accounting is weakened. With the economic process more complicate and more pluralistic, the function of accounting is weakened. While forensic accounting provides an effective tool to solve the problem of distorted information. Second, the function of auditing is undermined now. "Audit is, in essence, a special economic mechanism of check and control which guarantee accountability is fulfilled." So, auditing is playing a role in rectifying a deviation indirectly. However, there is a expectation gap caused by the duty of revealing and checking fraud between the public and auditors. Forensic accounting may strengthen the communication between auditors and investors. Third, it is necessary to strengthen communication. 4. Actual need for forensic accounting. From this part, we will analyze the necessity of forensic accounting on the basis of the construction of legal system. First of all, the paper analyzesenvironmental factor of accountant in our country, namely the false accounting information floods... |
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