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一、关于保证人的责任范围问题我国民法通则第89条规定:“保证人向债权人保证债务人履行债务,债务人不履行其债务的,按照约定由保证人履行或者承担保证责任.”经济合同法第15条也规定:“保证单位是保证当事人一方履行合同的关系人.被保证的当事人不履行合同的时候,由保证单位连带承担赔偿损失的责任.”上述法律规定表明,保证人所保证的,不仅仅是债务人不逃避债务,更重要的是“保证债务人履行债务”.就是说保证人的责任,不仅是对债务的担保,而且是对债务人履行债务的担保.当债务人不履行债务时,就要承担履行债务的责任或者承担连带责任.在审判实践中,如何正确区分和处理保证人代为履行的责任和连带清偿责任呢?笔者认为,这首先要依合同当事人在合同中的约定而定,如果合同约
First, on the guarantor's scope of responsibility Article 89 of China's Civil Code provides: “The guarantor to the creditor to ensure that the debtor to perform the debt, the debtor fails to perform its obligations, in accordance with the agreement by the guarantor to perform or assume the guaranty of responsibility.” Economic Contract Law Article 15 also provides : “The guarantor unit is the party that guarantees one of the parties to perform the contract, and the guarantor party is jointly and severally liable for the damages when the guarantor party fails to perform the contract.” The above legal provisions show that the guarantor guarantees more than just the debtor does not evade Debt, more importantly, “guarantee the debtor to perform the debt.” That is to say, the guarantor's responsibility is not only a guarantee for the debt, but also a guarantee for the debtor to perform its debts. When the debtor defaults, it is obligated to assume or fulfill its obligations In the trial practice, how to correctly distinguish and deal with the responsibility of the guarantor on behalf of the responsibility and the joint responsibility of liquidation? I believe that this first depends on the contract parties in the contract agreement, if the contract about