“随意殴打型”寻衅滋事罪与股与故意伤害罪在实践上争议不断,各司法机关不能统一办案标准,长此以往事必危及司法公信力,故本文以一个案例为切入点来区分随意殴打型寻衅滋事罪和故意伤害罪。一、基本案例江某独自在车内吸食甲基苯丙胺(冰毒),下车后偶遇李某,李某前几日曾陪同他人向江某讨债,加之毒品的作用,江某产生李某想要杀他的被害妄想,遂手持枪支打伤李某手臂,经鉴定,李某人体损伤程度构成轻伤二级。法院判处江 “Random assault type ” provocation trouble and shares and intentional assault In practice, the controversy continues, the judiciary can not unify the handling of standards, the long run will endanger the credibility of the judiciary, so this article with a case as a starting point to distinguish between random assault type Conflict and intentional assault. First, the basic case Jiangmou alone in the carmine methamphetamine (ice poison), get off after encountering Lee, Lee had accompanied others to Jiangmou a few days ago to collect debts, coupled with the role of drugs, Jiangmou Lee want to kill His murderous delusions, then hand-guns Lee injured arm, identified, Lee degree of human injury constitutes a minor injury two. Court sentenced Jiang