被侵权人如何要求连带责任人承担连带责任?How can the infringed party demand that the joint and several liability parties assume joint and several liability?
侵权行为发生后,哪些主体可以提出侵权赔偿请求?
答：根据《侵权责任法》第3条规定，侵权行为发生后，被侵权人有权请求侵权人承担侵权责任。如果被侵权人是限制民事行为能力人或者无民事行为能力人，可以由他的监护人代理提出赔偿请求。
被侵权人如何要求连带责任人承担连带责任?
答:对于连带责任，《侵权责任法》第13条规定：“法律规定承担连带责任的，被侵权人有权请求部分或者全部连带责任人承担责任。”第14条规定：“连带责任人根据各自责任大小确定相应的赔偿数额;难以确定责任大小的，平均承担赔偿责任。”也就是说，连带责任是一个整体责任，无论被侵权人是向一个还是数个连带责任人请求承担责任，都不影响被请求的连带责任人对外承担全部责任。连带责任人对外承担了赔偿责任后，需要在内部确定各自的责任，支付超出自己赔偿数额的连带责任人，有权向其他连带责任人追偿。责任的大小一般依据以下原则来确定：
一是根据各自的过错。大多数侵权行为以过错构成为要件，将过错大小作为确定连带责任人之间的责任份额，能够体现公平原则，也是我国司法实践的通常做法。
二是对原因力进行比较。原因力是指在损害结果的多个原因中，每一个原因对于损害结果的发生或者扩大所起的作用，也是确定连带责任人赔偿数额的一个方法，特别在无过错责任情形下，需要对各责任主体在实施侵权行为时所起作用进行比较，所起作用较大的，承担较大的赔偿数额;所起作用较小的，承担较小的赔偿数额。
三是平均分担赔偿数额。如果根据过错和原因力难以确定连带责任人责任大小的，可以推定各连带责任人的过错程度或者原因大小是相当的，平均承担赔偿责任。 在一个或者数个连带责任人支付了超出自己的赔偿数额后，支付了赔偿费用的连带责任人有权向其他连带责任人追偿。
After an infringement occurs, which parties can file a claim for compensation for infringement?
Answer: According to Article 3 of the Tort Liability Law, after an infringement occurs, the infringee has the right to request the infringer to bear the tort liability. If the infringed party is a person with limited capacity for civil conduct or a person without capacity for civil conduct, their guardian may represent them in making a claim for compensation.
How can the infringed party demand that the joint and several liability parties assume joint and several liability?
Answer: Regarding joint and several liability, Article 13 of the Tort Liability Law stipulates: "If the law stipulates joint and several liability, the infringee has the right to request partial or all joint and several liability persons to assume liability." Article 14 stipulates: "Joint and several liability persons shall determine the corresponding amount of compensation based on their respective responsibilities; if it is difficult to determine the size of responsibility, they shall bear the average compensation liability." In other words, joint and several liability is a collective liability, Regardless of whether the infringed party requests liability from one or several joint and several liability persons, it does not affect the joint and several liability persons being requested to bear all external responsibilities. After the joint and several liability parties bear the liability for compensation externally, they need to determine their respective responsibilities internally. If the joint and several liability parties pay more than their own compensation amount, they have the right to recover from other joint and several liability parties. The size of responsibility is generally determined based on the following principles:
One is based on their respective faults. The majority of infringement acts are characterized by excessive and erroneous construction, and the determination of the share of responsibility between joint and several liability parties is based on the size of fault. This reflects the principle of fairness and is also a common practice in China's judicial practice.
The second is to compare the causal forces. Causal force refers to the role played by each of the multiple causes of damage in the occurrence or expansion of the damage result, and is also a method to determine the compensation amount of joint and several liability parties. Especially in the case of no fault liability, it is necessary to compare the roles played by each responsible party in carrying out the infringement act. If the role played is significant, the responsible party shall bear a larger compensation amount; Those who have played a smaller role shall bear a smaller compensation amount.
The third is to evenly share the amount of compensation. If it is difficult to determine the degree of liability of joint and several liability parties based on their fault and causal factors, it can be inferred that the degree of fault or causal factors of each joint and several liability party is equivalent, and they should bear the compensation liability equally. After one or more joint and several liable persons have paid compensation beyond their own amount, the joint and several liable persons who have paid compensation fees have the right to recover from other joint and several liable persons.