[Direct answer]In the Beijing area, when multiple people jointly commit acts of harm, they bear joint and several liability for compensation to third parties, and the internal responsibility is allocated according to the degree of fault and causality. According to Article 116 of the Civil Code of the People's Republic of China, if two or more people jointly commit a tortious act and cause damage to others, they shall bear joint and several liability; Article 117 stipulates that the responsibility shall be allocated according to the degree of responsibility for separate torts. The key point is that under the joint and several liability, the infringed party can choose to claim compensation from one person or all of them. The statute of limitations for personal injury is three years. It is recommended to immediately report the case to the police, fix the evidence of the injury and the participation of all perpetrators, and file a lawsuit if no agreement can be reached through negotiation. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

Many cases of multiple people jointly causing harm occur in situations such as mass brawls, joint assaults, and instigating or assisting in causing harm. Typical scenarios include: several people ganging up to inflict minor injuries or more serious injuries on the victim; some people attacking while others cheering or blocking the victim, with different roles but all participating; adults instigating or encouraging minors to participate in the assault; and multiple people separately committing infringements (such as pushing or hitting the victim one after another) to jointly cause the same injury. Many victims mistakenly believe that "only the person who did the most damage should be held responsible", or give up due to difficulties in providing evidence. In fact, in cases of joint infringement, it is possible to claim joint and several liability, the key point being to identify the facts of each perpetrator's involvement. In cases involving criminal incidental civil litigation, it is possible to combine the relevant evidence to establish the facts of the joint infringement.Criminal defense and criminal case filing servicesCoordinate and handle it comprehensively.

II. Key points of contention

There are three main points of contention in such disputes. Firstly, the determination of joint infringement: whether it is joint intentional infringement (with intentional contact) or separate infringement, which determines whether joint liability or contributory liability applies. Secondly, the division of liability shares: the internal division is based on the degree of each person's fault and the proportion of causation, and the court will determine this based on the degree of involvement, tools used, and consequences. Thirdly, the liability of special subjects: the responsibility of instigators, assistants, and guardians of minors. For cases involving compensation enforcement, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Creditor-debtor relations and enforcement case servicesPromote the collection of payments.

III. Professional analysis by Henglue Law Firm

Take the online infringement case handled by Attorney Yuan Han as an example: Zhao Qingqing, aged 14, suffered from long-term depression and joined a WeChat group. She was instigated and guided by group members Zhao *xin, Wu * and Liu *xing to prepare and arrange poison and draft a suicide note, and ultimately died from nitrite poisoning. The police determined that the case did not constitute a criminal offense. Her parents entrusted Attorney Yuan Han to file a civil infringement lawsuit. The attorney argued that the defendants had the subjective intent of instigating others to commit suicide and had a direct causal relationship with the death outcome, constituting joint infringement according to Article 1169 of the Civil Code, and the guardians should bear joint and several liability. At the same time, it pointed out that the sellers and platforms failed to fulfill their obligations of review and warning and should bear responsibility. The court determined that the three defendants' malicious instigation and guidance had a direct causal relationship with the death and constituted joint infringement, and ordered their guardians to bear corresponding joint and several compensation liability and the platforms and sellers to bear corresponding responsibilities. This case highlights the evidentiary points of causality and subject identification in joint infringement. The case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. For cases involving the fixation of injury situations, follow-up procedures can be initiated subsequentlyLegal services for personal injury and medical disputes.

IV. Practical suggestions and legal basis

The legal basis is Article 1168 of the Civil Code of the People's Republic of China (effective January 1, 2021) (joint tort liability), Article 1170 (joint dangerous acts), Article 1171 (proportion of joint liability), Article 1172 (proportional liability for separate torts), Article 1188 (guardian's liability), as well as the provisions on compensation items in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases. Practical advice: Report the injury to the police immediately and obtain a medical examination report; fix the scene videos, witnesses, and medical records; clarify the identities and participation levels of each actor; file a lawsuit within the three-year statute of limitations and claim joint compensation; and, if necessary, apply for preservation measures. For compensation calculations, refer to the relevant provisions.Special services and other case servicesDevelop a plan.

5. Henglu Law Firm's Reminder

When multiple people cause injuries, don't just focus on the "main perpetrator". The first step is to report the case to the police and conduct a medical evaluation of the injuries to establish the causal relationship between the damages and the cause; the second step is to identify the identities and involvement levels of all perpetrators through witness statements, video recordings, and other evidence to preserve evidence for claiming joint and several liability; the third step is to distinguish between joint intentional acts and separate infringements, which affects the form of liability; the fourth step is to file a lawsuit within the statute of limitations and request compensation from some or all of the jointly and severally liable parties, with the internal share being determined by the court. It is important to note the responsibilities of minors' guardians and instigators. If you need professional support, you can seek assistance from relevant institutions or professionals.Legal services for personal injury and medical disputesEvaluate the protection of rights and interests.

VI. Frequently Asked Questions

Q1: If multiple people attack me and I'm the only one being attacked, can I sue them and get them to compensate me?

Whether compensation can be obtained depends on whether it can be proven that each perpetrator participated and the causality, rather than the result of the promise. If it can be proven that multiple people jointly committed the harm, according to Article 1168 of the Civil Code, the victim can claim joint and several liability, and the court usually supports the victim to claim compensation from some or all of the responsible parties; if it can be distinguished between their respective actions, they shall share the liability in proportion according to Article 1172. It is recommended to first fix the identity and injury evidence, then evaluate the feasibility of litigation, and never believe in unrealistic promises of victory.

Q2: For disputes involving mutual assault, what evidence should I prepare?

The core evidence includes: police reports and transcripts (identifying the perpetrators and their involvement), medical examination opinions and medical records (proving the consequences of the damage), on-site surveillance or mobile phone videos, witness testimonies, clues about the degree of involvement of each perpetrator (chat records, social platform activities), and receipts for medical expenses and loss of income. The evidence should be organized around "who participated, what kind of damage was caused, and the causal relationship". The more complete the evidence of identity and involvement is, the more stable the claim for joint and several liability will be.

Q3: How much does it cost in attorney's fees and litigation expenses to sue multiple people for joint infringement?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request (total compensation for medical treatment, loss of income, disability, etc.) and accumulated in stages, to be borne by the losing party. For claims of joint and several liability, the total compensation amount shall be the basis. The attorney's fees shall be charged on a per-case basis or according to a percentage of the total compensation amount, subject to the terms of the contract. There is no unified government pricing for this. It is recommended to first calculate the items of compensation that can be claimed, compare them with the cost of protecting rights, and then initiate the litigation. If necessary, use a lawyer's letter to promote mediation.

Q4: How long does it usually take to reach a verdict in a joint infringement lawsuit?

The first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months; ordinary procedures are commonly applied in cases involving injury appraisals and multiple investigations. If an appeal is filed, the second-instance trial generally takes three months. If the defendant refuses to perform the judgment after it becomes effective, it is necessary to apply for enforcement, and the enforcement period will depend on the financial situation of the defendants. Overall, it often takes several months from filing a lawsuit to recovering the money. It is recommended to apply for property preservation simultaneously during the litigation process, seize the accounts and property of the jointly liable parties, and shorten the time required to recover the money.

Q5: I was injured by several people. What should I do first?

It is recommended to proceed in four steps: First, immediately call the police and seek medical treatment, conduct an injury assessment, and document the damage and the facts of the incident; Second, cooperate with the police in taking statements, provide clues about the perpetrator's characteristics and identity, and strive to obtain the surveillance footage from the scene; Third, collect receipts for medical expenses, loss of income, transportation costs, and other damages, and keep the contact information of witnesses; Fourth, file a lawsuit within the three-year statute of limitations, and may claim compensation from some or all of the jointly liable parties and apply for property preservation. Throughout the process, keep all evidence and, if necessary, hire a lawyer to assist in the investigation and negotiations.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.