A Research On The Civil Legal Liability Of CPA’s False Statements To Shareholders

Since the 1980 s,there have been a large number of civil lawsuits of CPAs.The issue of CPAs’ civil liability has become a matter of great concern in many countries.It is not difficult to understand that the litigation against accountant firms often arouses great curiosity of the media and becomes the object of their competing reports.Most of them occur in the bond market,involving the bankruptcy of many large enterprises or the huge claims of plaintiffs,whose cases are often very complex.However,how to reasonably and scientifically define the civil liability of accountants to shareholders or other investors,and find a balance point between the interests of CPAs and investors,has become the focus.In view of the problem of civil liability of accounting firms,this paper uses the form of case analysis,combined with legal knowledge and accounting knowledge,through linking with the reality of our country,and comparing with the current research abroad,to explore the problem of civil liability of accounting firms to shareholders.This paper includes the following contents:Part I: Cases and disputes.By reviewing the basic situation of the case,leading to the court’s decision results,through the analysis of the case’s controversial focus,lay the foundation for the further development of the following,but also the main content of this paper.Part II: Jurisprudential analysis of the controversial focus.This part is based on the focus of case disputes,through the relevant literature at home and abroad as well as the provisions of legislation and judicial interpretation,one by one legal analysis.This part includes four aspects: first,the analysis of the development background andpractical significance of the principle of the relative party of the contract,the principle of the known third party and the principle of the foreseeable third party;second,the analysis of several popular registration meetings.The nature of accountants’ liability to shareholders and their affirmation of tort liability theory are put forward;the third is the determination of the causality of shareholders’ liability by CPAs in this case;the fourth is to explore the types of liability for compensation in cases of false statements by CPAs,and put forward that the type of liability to be determined in this case is joint and several liability.The third part: the legal thinking triggered by this case.According to the case and the foregoing jurisprudential analysis,the relevant legal thinking is triggered.Through probing into the problems existing in the legal regulation of CPA’s false statement in our country,this paper draws a conclusion that the problems existing in the regulation of CPA’s false statement in our country include that the "CPA Law" can no longer meet the needs of solving practical disputes and that the organizational form of CPA firms in our country is not perfect.Through the analysis of these two main problems,the paper finally draws the conclusion of perfecting our country’s notes.Suggestions on the Civil Liability System of Registered Accountants.