If something happens to the guarantee company, the person in charge will be sentenced if he is the legal representative or the person in charge of production.
The first responsible person is the main person in charge of the unit (legal representative or top leader). The first responsible person is not a legal term, but it applies to all kinds of contracts.
The main person in charge refers to the main leaders of the unit or organization that presides over the overall work of the unit, has the highest decision-making power and bears the main responsibility for the unit.
The Law of People's Republic of China (PRC) Municipality on Work Safety stipulates that the main person in charge of the production and business operation entity shall be fully responsible for the work safety of the entity. It can be seen that the main person in charge of the production and business operation unit is the first person in charge of production safety in this unit.
The legal representative refers to the principal responsible person (such as the director and the chairman of the company) who exercises civil rights and performs civil obligations on behalf of a legal person according to law. ).
Article 49 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a legal person is represented by his legal representative; Other organizations are sued by their principal responsible persons. The legal representative has the right to directly represent his unit to the people's court to sue and respond, and his litigation behavior is the litigation behavior of his unit (or legal person), which has legal effect directly on his unit (or legal person). There is a certain difference between a legal representative and a legal representative. The representative's behavior is not the principal's own behavior, but has direct legal effect on the principal, while the legal representative's behavior is the behavior of enterprises and institutions.
In short, if the person in charge has dereliction of duty, dereliction of duty, violation of rules and other acts, he needs to bear legal responsibility according to his legal status.