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故意伤害罪与以危险方法危害公共安全罪是经常看到和听到的罪名,在理论界也有许多法学大家和学者有过许多论述。今天笔者再谈此话题略显老套,但是迫于实践需要又不得不解析,从理论及实践层面探讨适用刑法“第234条故意伤害罪”和“第114条以危险方法危害公共安全罪”时应注意的问题。本文通过对实际案例这块“砖”引出二罪在司法实践中易混之处,告诉同仁在处理具体案件时应当把握的界限。
The crime of intentional assault and the danger of endangering public safety by dangerous methods are frequently seen and heard. There are also many expositions made by many scholars and scholars in theorists. Today I talk about this topic a bit stereotyped, but due to practical needs and have to be analyzed, from the theoretical and practical aspects of the application of criminal law “Article 234 intentional assault ” and “Article 114 to endanger public Security guilty ”should pay attention to the problem. In this paper, the author points out the boundaries that should be grasped by colleagues in dealing with specific cases by introducing the two sins of this “brick” in the actual case in the judicial practice.