There are two guarantee patterns, which are respectively the general guarantee and the joint liability guarantee. If the party does not specify an agreement or even does not put forward one in the guarantee contract, then basing Article 19 of the original Guarantee Law, this is presumed as joint and several liability guarantee, a typical“over commercialization”. The Civil Code instead presumes it as a general guarantee, which cannot re? flect the distinction between civil guarantee and commercial guarantee. Through the investigation of foreign leg? islation, it can be found that the civil guarantee usually regards general guarantee as the principle, while the prin? ciple of commercial guarantee is joint liability guarantee. China should perfect the distinction between civil and commercial on the presumption of guarantee mode in Civil Code, and draw a clear distinction between the rea? sonable responsibility definition of civil guarantee and commercial guarantee.