关键词: 投资者保护, 金融跨域, 保险治理, 虚假陈述, 虚假陈述保证保险

Abstract: To protect investor's interest, real, accurate and full disclosure of information is required when issuing securities. But China's current civil remedy system related to security misrepresentation cannot fully protect the investors yet. Cross-disciplinary finance could be achieved through integration of different financial instruments like trust, insurance, securities and so on. The insurer can cross into companies, security markets and other different fields to facilitate the governance and protection of investors, namely, the insurers can be introduced into the security investor protection domain to establish misrepresentation guaranteed insurance system. The involvement of insurers can guarantee the compensation ability of the person liable, supply authoritative information to investors, and provide powerful supervising force to the markets. Theoretically, the loss caused by misrepresentation is insurable, which is enough to provide solid legal foundation for the establishment of guaranteed insurance. Insurers have sufficient willingness to enter such markets, and the premium should be maintained at the affordable level. Regarding the concrete institutional construction of the misrepresentation guaranteed insurance, we should pay attention to the construction of reasonable structure for underwriting legal relationship, define the predictable conditions of claim settlement, restrict the exemption excuses of the insurers, set up the dynamic limit of insurance compensation, give recourse rights to insurers, choose appropriate regulatory agencies, andmay take into consideration the application of security group action,etc..

Key words: protection of investor, cross-disciplinary finance, insurancegovernance, misrepresentation, misrepresentation guaranteed insurance