证券经纪合同法律性质分析

Analysis of the legal nature of securities brokerage contract

证券经纪合同的性质在我国理论界和实务界存在委托说、居间说、行纪说等各种学说。证券经纪合同应该定性为行纪合同,但证券行纪和一般的行纪相比具有许多特殊之处,属于特殊行纪合同。

As for the legal nature of securities brokerage contract, it is considered as entrustment, brokerage and commission, etc. in our theory field and practice. The securities brokerage contract should be defined as the commission contract, which, compared with the common commission, has many particularities and belongs to the special commission contract.