一直以来,杀人与伤害之间的关系纷繁复杂,难以厘清。而故意杀人罪与故意伤害罪是刑法分则中极为重要的罪名。区分故意伤害罪与故意杀人罪的标准,有目的说、事实说、故意说等观点。现在学界基本达成共识,认为应以行为人主观上是杀人故意还是伤害故意来作为二罪区分的标准。~([1])但是,区分标准与判断规则的提出,未必能改变主观判断的困难,未必能够解决疑难问题。究竟如何界分故意杀人罪与故意伤 The relationship between killings and injuries has always been complicated and difficult to clarify. Intentional homicide and intentional injury are the most important charges in the criminal law. Criteria for the distinction between intentional and intentional homicide, purposeful, factual, intentional, etc. Now academics basically reached a consensus that the actor should subjectively kill intentionally or hurt as a criterion for the distinction between two sins. However, the introduction of distinguishing criteria and judgment rules may not change the difficulty of subjective judgment and may not be able to solve difficult problems. How to divide intentional homicide and willful injury