Legal basis: Interpretation of the Supreme People's Court on the Application of the Guarantee System of the Civil Code of People's Republic of China (PRC).
Article 2 If the parties agree in the suretyship contract that the effectiveness of the suretyship contract is independent of the main contract, or that the guarantor shall be liable for the legal consequences of the invalidity of the main contract, the agreement on the independence of suretyship is invalid. If the main contract is valid, the agreement on ensuring independence is invalid and does not affect the effectiveness of the guarantee contract; If the main contract is invalid, the people's court shall consider the guarantee contract invalid, except as otherwise provided by law. Disputes arising from independent guarantee issued by financial institutions shall be governed by the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Independent Guarantee Disputes.
Article 3 Where the parties agree on special liability for breach of contract, or the agreed scope of suretyship liability exceeds the scope of debtor's liability, and the guarantor claims to assume liability only within the scope of debtor's liability, the people's court shall support it. If the guarantor's liability exceeds the debtor's liability, and the guarantor claims compensation from the debtor, the people's court shall support it if the debtor claims to be liable only within its liability; If the guarantor requests the creditor to return the excess, the people's court shall support it according to law.