Legal analysis: the branch company does not have independent civil subject qualification, and its illegal behavior should be borne by the head office for legal responsibility and adverse consequences. Specifically, the branch company can't bear civil liability independently, so it can't be the defendant in civil litigation. It must be the defendant together with the head office, and the branch office cannot bear the responsibility independently.
Legal basis: Paragraph 1 of Article 14 of People's Republic of China (PRC) Company Law allows a company to set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company.