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证券市场各类主体会产生多种法律关系,不仅可能导致包括发行人(上市公司)、证券承销商、保荐人、证券投资者、证券中介机构等主体之间违约责任的产生,也可能引发上述主体因违反法定义务而应承担的证券侵权赔偿责任;某些情况下,还可能发生违约责任与侵权责任的竞合。一方面,我国各级法院审理了大量涉及证券市场合同纠纷的案件,例如,证券代销和包销协议纠纷、证券投资咨询
Various legal entities in the securities market will have a variety of legal relations, which may not only lead to the breach of contract between the issuer (listed company), securities underwriters, sponsors, securities investors, securities intermediaries and other subjects, but may also lead to the above In the case of breach of statutory obligations, the principal should be liable for compensation for the infringement of securities; in some cases, there may also be competition for breach of contract and tort liability. On the one hand, China’s courts at all levels have handled a large number of cases involving contract disputes in the securities market, for example, disputes over securities consignment and underwriting agreements, securities investment advisory