随意殴打型寻衅滋事罪与故意伤害罪在行为特征上有相似之处,都是对他人人身进行打击。寻衅滋事罪在主观动机、客观随意性认定等方面较难把握,给司法实践造成一定难度。两罪除侵犯客体不同外,在主客观要件上也存在一定区别,合理把握两罪的主客观特征,有利于准确司法认定。 The random assault crime and the crime of intentional assault have similarities in behavioral characteristics, all of them are against others. The crime of provocation and quarrelsome is more difficult to grasp in the subjective motive, objective arbitrariness and so on, which causes certain difficulties to the judicial practice. Apart from infringing upon the different objects, there are also some differences between the subjective and objective elements in the two sins, so as to reasonably grasp the subjective and objective features of the two crimes and be conducive to the accurate judicial determination.