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CPA's Negligence Liability: Joint and Several Liability or Proportional Liability

LI Ming-hui

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Abstract

In the west, most countries and districts adopt joint and several liability for CPA's negligence liability. Recently, especially after the issue of the PSLAR, however, there is a reverse trend. In China, the Law of PRC on Certified Public Accountants adopted joint and several liability for CPA's negligence. It's helpful to protect the interests of investors, but it will also put too much on the CPAs. Having considered the professional environment of CPA of China, it's more appropriate to adopt proportional liability rule for CPA's negligence and joint and several liability rule for CPA's intentional tort.

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In the west, most countries and districts adopt joint and several liability for CPA's negligence liability. Recently, especially after the issue of the PSLAR, however, there is a reverse trend. In China, the Law of PRC on Certified Public Accountants adopted joint and several liability for CPA's negligence. It's helpful to protect the interests of investors, but it will also put too much on the CPAs. Having considered the professional environment of CPA of China, it's more appropriate to adopt proportional liability rule for CPA's negligence and joint and several liability rule for CPA's intentional tort.

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Available abstract

In the west, most countries and districts adopt joint and several liability for CPA's negligence liability. Recently, especially after the issue of the PSLAR, however, there is a reverse trend. In China, the Law of PRC on Certified Public Accountants adopted joint and several liability for CPA's negligence. It's helpful to protect the interests of investors, but it will also put too much on the CPAs. Having considered the professional environment of CPA of China, it's more appropriate to adopt proportional liability rule for CPA's negligence and joint and several liability rule for CPA's intentional tort.

Key concepts: Joint and several liability, Tort, Liability, Strict liability, Limited liability partnership, Legal liability, Business, Liability insurance

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