浅析“随意殴打他人”型寻衅滋事罪与故意伤害罪——以“成都被打女司机案”为切入点

Research on intentional injury crime and affray crime ——base on the case of “Beated female diver in Chengdu”

"成都被打女司机"案引起了有关故意伤害罪与"随意殴打他人"型寻衅滋事罪的区分热议。厘清"随意殴打他人"型寻衅滋事与故意伤害的界限不仅关乎被告人的定罪量刑而且有助于加深对两罪的理解。故意伤害罪的客体为人身权利,寻衅滋事罪中人身权利是作为社会秩序的附属被刑法所保护。"随意殴打他人"中的"随意"应以是否"事出有因"即殴打他人是否出于社会一般人认可、接受的理由、动机作为判定标准。存在"被害人故意引发或激化矛盾"致使被殴情形时可认定为故意伤害。犯罪对象是否特定是区分两罪的标准之一,但不宜将犯罪动机、地点作为区分标准。

“Beated female diver in Chengdu”case caused the crime of intentional injury and“beating”from affray crime hot. To clarify the＂random beat others＂type of affray and intentional injury boundaries is not only related to the conviction and sentencing of the defendant and helps to deepen the understanding on the two crimes. Intentional injury the object of the crime of personal rights and personal rights in the crime of affray is as a subsidiary of the social order is protected by the criminal law.“Free”assault“in the”free“should be based on whether the”A thing for it, such as the social recognition, generally accepted reasonable grounds, motivation. The existence of“victims of intentional or trigger conflicts”that battered situation can be identified as intentional injury. The object of the crime is one of the specific standard is to distinguish between the two crimes, but not the motive for the crime, as a criterion to distinguish between locations. The case that the offender constitutes intentional injury and the perpetrator and the victim does not constitute the crime of dangerous driving is more reasonable.