[Direct answer]For external matters, joint liability applies; for internal matters, apportionment applies. Where multiple people jointly commit assault causing harm to others, it constitutes joint infringement. The victim may demand full compensation for all losses from any one, several, or all of the perpetrators, without having to worry about the excuse of "I only hit you once". The perpetrator who has assumed more than his or her share of liability may recover the excess from the other perpetrators. The share of liability shall be determined according to each party's fault and causal contribution. Where the fault cannot be determined, it shall be presumed to be equal. Those who instigate or assist in assaulting others shall bear the same liability as the perpetrators who actually commit the assault.

1. Problem background and typical scenarios

There were mass brawls, group assaults after drinking, and one person was seriously injured in a group conflict. There were five or six people involved in the assault, some of whom hit hard while others just shoved. When the victim sued, what they cared most about was where the money would come from—should they sue whoever hit them the hardest, or should they sue based on the severity of the assault? The perpetrators, meanwhile, were passing the buck to each other: "He hit first, I hit last. Why should I pay the same amount?"

II. Key points of dispute

First, the establishment conditions of joint and several liability: the distinction between joint intentional infringement, joint dangerous infringement, and infringement by several people without intentional contact. Second, how the victim chooses the defendant and claims full compensation. Third, the determining factors of internal shares: fault, causality, and mode of conduct. Fourth, the connection between criminal proceedings and civil compensation.

III. Professional analysis by Henglue Lawyers

From the experience of Henglue Lawyers in handling personal injury compensation cases, multiple-person infringement compensation is handled in three levels: 1. **Qualification determination** — If multiple people intentionally commit assault together, they are jointly liable for infringement; if there is no joint intent but their actions directly cause the same damage (e.g., each person separately inflicts serious injuries in the same area), they may also be jointly or severally liable according to the rules on infringement by multiple people without intentional collusion. If the actions are separate and the damages can be divided, each party bears individual responsibility. The victim’s strategy is to "aim for the highest possible compensation": including all defendants with compensation capacity, claiming full joint liability, and pursuing enforcement against those with sufficient assets first. 2. **Share allocation** — Within joint liability, the court distributes liability based on fault and causation: organizers, armed perpetrators, and those who strike vital areas bear higher shares, while minor participants bear lower shares. In cases of unidentified causation, equal shares are presumed. For those who instigate minors or assist in the infringement, their liability is equivalent to that of the perpetrators. 3. **Procedural coordination** — If the infringer is subject to criminal prosecution, civil compensation is not exempted from criminal punishment. The scope of compensation in ancillary civil litigation differs from that in separate civil suits (e.g., ancillary civil litigation generally does not support disability compensation or death compensation, while separate civil suits allow full claims based on infringement liability). Victims must choose the appropriate legal procedure. If the victim shares fault, the principle of contributory negligence applies to reduce liability. In practice, it is far more effective for victims to investigate the infringers’ asset status before filing a lawsuit and apply for property preservation during the litigation process than to attempt recovery after the judgment becomes final.

IV. Practical suggestions and legal basis

The first step is to call the police immediately and obtain a medical evaluation of the injuries, as the findings of the medical evaluation will determine the direction of the case. The second step is to collect surveillance footage from the scene, witness statements, and chat records to identify the specific actions of all involved parties. The third step is to list all infringers with the ability to compensate as defendants and claim joint and several liability for all losses. The fourth step is to pay attention to the choice between civil litigation and separate prosecution in the criminal process, and to estimate the differences in compensation items in advance. Main legal basis: Article 1168 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding joint infringement and joint and several liability; Article 1171 regarding separate infringement sufficient to cause harm; Article 1172 regarding pro rata liability; Article 1173 regarding set-off for negligence; Article 1179 regarding the scope of compensation for personal injury; provisions of the Criminal Law of the People's Republic of China regarding intentional injury; specific applications shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points regarding multiple infringements: For external joint and several liabilities, regardless of who caused the most damage, first seek full compensation from the party with the ability to pay; for internal apportionment, liability shall be determined based on fault and causation, with instigators and accomplices bearing the same responsibility; criminal proceedings may end, but civil compensation proceedings continue, with compensation items selected and calculated in accordance with legal procedures. For claims involving multiple infringements, you can proceed through the following channels:Personal injury and medical disputesYou can consult us for an overall solution to the service, which involves the connection of criminal proceduresCriminal defenseThe team can cooperate on calculating the amount of compensation involved.Special servicesFor reference, you can check the sections related to the enforcement of judgmentsCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: I just gave him a shove but didn't hit him. Do I still have to pay compensation?

Generally, those who participate in joint infringement shall bear joint and several liability, and the court shall determine the share internally based on the fault and causation; external victims may claim full compensation from them, and after making the compensation, they may seek recourse from the main responsible person.

Q2: One person couldn't be found after the run. Do the rest of us need to compensate him for his share?

Externally, it is joint and several liability, and the victim can require the infringers present to compensate for all losses. The share borne by the fugitives shall be recovered internally by the ones who have already made compensation, and if the fugitives cannot be found, it will be considered an internal risk.

Q3: Do those who organized but did not actually commit the crime need to pay compensation?

Yes. Those who organize, instigate, or assist others in committing infringements shall bear joint and several liabilities with the perpetrators; the degree of fault of the organizers is usually higher, and the internal apportionment of shares may be even greater.

Q4: Can I still be prosecuted for full compensation in a separate case even after a criminal conviction?

Yes. For items that are not supported by the accompanying civil proceedings (such as disability compensation), you can file a civil lawsuit separately and claim according to the provisions of the Tort Liability Chapter of the Civil Code, calculating the full amount. The scope of the two procedures is different, and choosing the wrong procedure will result in real financial losses.

Q5: If the person who was beaten initiated the fight themselves, would the compensation be reduced?

Yes. If the victim is at fault for the occurrence of the damage, the principle of contributory negligence shall be applied, and the infringer's liability for compensation shall be reduced according to the degree of fault; the proportion of fault between the two parties in the context of mutual fighting is the core controversy of the arbitration.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.