唐律“斗杀”可概括为因斗、殴之事而杀人,“斗”与“殴”为伤害行为前后相续的两个阶段。唐律在“斗杀”的时机条件、犯罪工具的使用、客观环境的判断方面皆有具体规定。“斗杀”之罪过形式,可概括为间接故意。唐代传世文献中,少有涉及“斗杀”案件的记载,但宋代史料在“斗杀”立法与司法方面有所记述。通过文献记载可知,“斗杀”在性质上为一类重罪,常赦所不原;但法律实践中“斗杀”与相近犯罪的区分往往产生困难。 Tang law “fighting kill ” can be summarized as killing, fighting and fighting, “fighting ” and “assault ” for the two stages of injury before and after the phase. Tang law has specific provisions on the timing of “fighting”, the use of criminal tools and the judgment of the objective environment. “Killing” sin can be summarized as indirect intention. There are seldom cases involved in the case of “fighting and killing” in the handed down documents of the Tang Dynasty, but the historical materials of the Song Dynasty are described in the legislation and judicature of the “fighting and killing.” According to the literature, we can see that “fighting kill” is a type of felony in nature and is often forgiven. However, the distinction between “fighting killing” and similar crimes in legal practice often results in difficulties.