Article 16 of the Judicial Interpretation on Liability for Medical Injury takes item 1 of Article 1222 of the Civil Code of the People’s Republic of China(Civil Code)as the main basis for the identification of medical faults，which changes the standard of“the medical level at that time”established by Article 1221 of the Civil Code. This leads to confusion in the identification standards of medical errors in our country. As far as the nature of Article 1222 of the Civil Code is concerned，Distinction Identification Theory is more in line with the logical relationship between Articles 1221 and 1222，and it also leaves room for medical institutions to put forward counter?evidence，which should be adopted. Drawing on the relevant legislative experience of the United States，Germany and Japan，China should further balance the proving role of various medical fault identification factors and make it clear that medical institutions can provide counte ? evidence for violations of medical norms in legal presumptions. At the same time，the scope of laws，administrative regulations，rules，and diagnosis and treatment norms should be narrowed and interpreted. Efforts should be made to clarify the standards for identifying medical faults in our country and protect the legitimate rights and interests of both doctors and patients.