If the person who bears the guarantee responsibility in loan fraud is well-intentioned and unaware of the fraud, he does not need to bear legal responsibility, otherwise he will bear it. In loan fraud, if the guarantor colludes maliciously with others, harming the interests of creditors and causing serious consequences, he shall bear criminal responsibility.

legal ground

Article 686 of the Civil Code of People's Republic of China (PRC)

The guarantee methods include general guarantee and joint liability guarantee.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

Article six hundred and eighty-eight

If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.

When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 699

If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the creditor may require any guarantor to bear the guarantee responsibility within the scope of its guarantee.