Legal basis: Civil Code of People's Republic of China (PRC).
Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. 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 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 700 After assuming the suretyship liability, unless otherwise agreed by the parties, the surety shall have the right to recover from the debtor within the scope of suretyship liability and enjoy the creditor's rights against the debtor, provided that the interests of the creditor shall not be harmed.