[Direct answer]To identify the responsible party in three steps: If there is an infringer, the infringer shall first bear the liability for compensation, and the beneficiary may provide appropriate compensation (Article 183 of the Civil Code, effective January 1, 2021); If there is no infringer, the infringer flees or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation; If the person is injured while managing others' affairs to prevent others' interests from being damaged, they may also request the beneficiary to reimburse the necessary expenses and provide appropriate compensation in accordance with Article 979. If the person is injured in activities such as disaster relief to safeguard national interests and public interests, it shall be deemed a work-related injury (Article 15 Paragraph 1 Item (2) of the Work-Related Injury Insurance Regulations). It is recommended to report the case to the police to fix the evidence and seek medical treatment in time. For specific solutions, please consult the relevant authorities.Legal services for personal injury and medical disputesAndBeijing Henglue Law Firm.

I. Problem background and typical scenarios

After being injured while performing acts of bravery, victims often find themselves in a dilemma involving three parties: the infringer cannot be found or is unable to compensate; the beneficiary refuses to compensate, saying "I didn't ask you to save me"; and the injured person pays large medical bills and compensation for lost wages but has no recourse to claim reimbursement. Typical scenarios include: being injured while stopping robberies or other illegal acts; getting injured or disabled while rescuing someone who fell into water; being burned while saving people from a fire; or being hit by a vehicle while assisting in chasing thieves. Victims often become both heroes of bravery and victims in need of legal protection. If the compensation path is not designed properly, a stalemate may arise where all four compensation paths - infringement, beneficiary, work-related injury, and fund assistance - wait to see what the others will do, with none willing to pay compensation.

II. Key points of contention

  • The nature and scale of compensation for beneficiaries: Appropriate compensation does not equal full compensation. The court determines the amount based on the beneficiary's level of benefit, the victim's losses, and the economic conditions of both parties. Claiming too much or too little will affect the outcome.
  • Proof of the infringer's inability to bear the liability: The prerequisite for transferring the compensation obligation to the beneficiary are that the infringer has absconded or genuinely lacks the ability to compensate. It is necessary to obtain a ruling that there is no property available for enforcement through criminal prosecution and enforcement procedures, and the chain of evidence cannot be omitted.
  • The connection between administrative recognition of bravery and civil compensation: The recognition conclusion affects the acquisition of pensions and preferential treatment, as well as fund relief. It is also an important factual evidence in civil litigation. How to synchronously advance the two processes is a practical challenge.

III. Professional analysis by Henglue Law Firm

The main approach of Henglue Law Firm in handling such cases is "first infringement, then benefit, and finally relief". Firstly, we claim compensation from the infringer. If the infringer is held criminally liable, we can simultaneously file a civil action in connection with the criminal case. After the judgment, we immediately apply for compulsory enforcement. Secondly, if the infringer absconds or there are no enforceable assets after execution, we obtain the corresponding ruling and sue the beneficiary for appropriate compensation according to Article 183 of the Civil Code. The court usually determines the amount based on the beneficiary's degree of benefit, the victim's losses, and the economic conditions of both parties. If it constitutes gratuitous management, we can also claim reimbursement of necessary expenses and compensation for losses according to Article 979. Thirdly, we simultaneously apply for recognition as a brave person who performs good deeds. Various regions have formulated regulations on rewards and protection for brave people who perform good deeds. After being recognized, they can enjoy commendation and rewards, receive pensions and preferential treatment, and apply for relief from the brave people's fund. It is also necessary to pay special attention to the work-related injury channel: if an injury occurs during activities such as disaster relief that safeguard national and public interests, it is deemed a work-related injury according to Article 15 Paragraph 1 Item (2) of the Work-related Injury Insurance Regulations (implemented on January 1, 2004, and amended on December 20, 2010). The worker can claim work-related injury insurance benefits in addition to other compensation. For more details, please refer to the relevant provisions of the Work-related Injury Insurance Regulations. 恒略律师事务所处理此类案件的主线是“先侵权、后受益、再救助”。第一步，向侵权人主张赔偿，若侵权人被追究刑事责任的，可一并提起附带民事诉讼，判决后立即申请强制执行；第二步，对侵权人逃逸或经执行确无财产可供执行的，取得相应裁定后，依据《民法典》第183条起诉受益人要求适当补偿，法院通常参考受益人的受益程度、受害人损失与双方经济条件酌定数额，构成无因管理的还可依据第979条主张必要费用偿还与损失补偿；第三步，同步申请见义勇为认定，各地均制定了见义勇为人员奖励和保护条例，经认定可享受表彰奖励、抚恤优待并申请见义勇为基金救助。还需特别留意工伤通道：在抢险救灾等维护国家利益、公共利益活动中受伤的，依据《工伤保险条例》（2004年1月1日施行，2010年12月20日修订）第15条第1款第(二)项视同工伤，劳动者可叠加主张工伤保险待遇，具体可结合Labor arbitration and work-related injury compensation servicesEvaluation. The four paths are not multiple-choice questions. They need to be used in combination to minimize the self-borne losses.

IV. Practical suggestions and legal basis

At the legal basis level: Article 183 of the Civil Code (effective January 1, 2021) stipulates the rules of compensation and reparation for damages suffered by oneself in protecting the civil rights and interests of others; Article 979 stipulates that if the administrator has no statutory or contractual obligation to manage others' affairs to avoid losses to others' interests, he/she may request the beneficiary to reimburse the necessary expenses, and if he/she suffers losses in managing the affairs, he/she may request appropriate compensation; Article 1179 lists compensation items such as medical expenses, nursing fees, loss of income, and disability compensation; Article 188 stipulates a three-year statute of limitations; Article 15 (1) (2) of the Work Injury Insurance Regulations clearly stipulates that injuries sustained in rescuing disasters and safeguarding public interests are regarded as work-related injuries; Article 184 stipulates that if the rescuer causes damage to the assisted person due to voluntarily performing emergency rescue actions, the rescuer shall not bear civil liability. At the practical advice level: Report the case to the police immediately and let the police record the brave acts of the rescuer; Keep the video of the scene and the contact information of the witnesses; Keep all the bills during the treatment; Evaluate the disability level promptly after the treatment ends, and for specific matters, please consult relevant professionals.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

The most vulnerable aspect for those who act bravely and selflessly is evidence: no one testifies afterward, the beneficiary denies it, and the infringer is nowhere to be found. Once the facts become unclear, all four avenues of seeking compensation will be blocked. When the rescue action takes place, the facts should be fixed through police reports and surveillance footage retrieval applications. When communicating with the beneficiary about compensation, written or audio records should be kept. Although appropriate compensation is not full compensation, it can be combined with infringement compensation, work-related injury insurance benefits, and assistance from the Heroic Deeds Fund. A comprehensive compensation plan should be designed rather than repeatedly pursuing a single defendant. If an assessment of the responsible parties and compensation combinations is needed in individual cases, it can be done throughBeijing Henglu Law FirmMake an appointment for an interview.

Q1: If a person who is not an infringer is injured while performing acts of bravery and courage (such as saving someone who is drowning and getting injured themselves), who will compensate them?

The beneficiary shall provide appropriate compensation. According to Article 183 of the Civil Code, if there is no infringer, the infringer flees or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation; if the rescue act constitutes gratuitous management, the beneficiary may also request the beneficiary to reimburse the necessary expenses incurred in managing the affairs according to Article 979, and obtain appropriate compensation for the losses suffered. The amount of compensation shall be determined by the court in light of the degree of benefit, the size of the losses, and the economic conditions of both parties. Therefore, all medical bills, rescue facts, and evidence of the beneficiary's identity must be fully preserved.

Q2: If you get injured while catching a thief, and the thief doesn't have the money to compensate you, do you just have to accept it as your own misfortune?

No. Firstly, when pursuing their criminal responsibility, they can initiate a concurrent civil action and apply for enforcement after the judgment takes effect. If there is no property available for enforcement after the enforcement, they can turn to the beneficiaries to claim appropriate compensation in accordance with Article 183 of the Civil Code. Secondly, if their acts of bravery are recognized, they can apply for assistance and preferential treatment from the Bravery Fund. Thirdly, if the acts are related to safeguarding public interests such as disaster relief, they can obtain benefits under the Work Injury Insurance Regulations in accordance with Article 15. By using multiple channels, the proportion of self-bearing costs can be substantially reduced, but the key is to ensure that the evidence and procedures of each step are properly connected.

Q3: If I cause injuries to the person I'm trying to help during the rescue process, do I need to compensate them?

It's generally not necessary. According to Article 184 of the Civil Code, if the aided person is harmed due to the voluntary implementation of emergency rescue actions, the rescuer shall not bear civil liability. The purpose of this article is to eliminate the rescuer's worries and encourage goodwill rescue, which applies to voluntary rescue in emergency situations. It should be noted that if the rescue method obviously deviates from basic common sense and causes unnecessary harm due to major negligence, it may lead to disputes in practice. However, generally, the court adopts a tolerant and protective attitude towards goodwill rescuers. When rescuing, one should act within one's capacity, pay attention to methods and approaches, and preserve on-site evidence, which can further reduce the risk of disputes.

Q4: How much compensation can the beneficiary typically receive? Is there a fixed standard for this?

There is no fixed ratio. Appropriate compensation is a matter of the court's discretion, and the court usually considers the following factors in the judgment: the size of the benefits obtained by the beneficiary, the causal relationship between the losses suffered by the victim and the rescue actions, whether the victim himself/herself is at fault, and the economic conditions of both parties. If the victim claims too much without basis, the court will reduce the compensation amount; if the beneficiary is financially difficult but the benefits are clear, the court will also order a certain amount of compensation. In practice, there are two prerequisites to be well prepared: first, the infringer is indeed unable to compensate, and a ruling on the inability to enforce the judgment is required; second, the list of losses is complete, and the claim is based on actual expenses and quantifiable losses, rather than a general price demand.

Q5: What is the relationship between being recognized as a brave person who does the right thing and civil compensation? Where can I apply for it?

The two are independent of each other but mutually supportive. The identification of heroic deeds is an administrative or social recognition process, which can be applied to the public security organ or the heroic deeds work agency at the place where the act occurred, based on the regulations on rewards and protection for heroic deeds in various regions. After identification, the person can receive commendation, pensions and preferential treatment, and apply for fund assistance. Civil compensation can be claimed from the infringer or beneficiary in accordance with Article 183 and Article 979 of the Civil Code. The identification conclusion is a powerful factual evidence in civil litigation. It is recommended to proceed in three parallel lines: report to the police to fix the facts, apply for the identification of heroic deeds, and initiate civil litigation. At the same time, attention should be paid to the three-year statute of limitations to avoid the loss of rights due to procedural disconnects.

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