Article 16 of the Judicial Interpretation on Liability for Medical Injury takes Article 1222(1) of the Civil Code as the main basis for identifying medical faults, which changes the standard of "the medical level at that time" established in Article 1221 of the Civil Code, resulting in There is confusion in the standard of medical fault identification in my 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 legislative experience of Germany and the United States, my country should further balance the proving role of various medical fault identification factors, clarifying that medical institutions can provide counter-evidence for violations of medical norms in legal presumptions, and at the same time, laws, administrative regulations, rules and diagnosis and treatment norms. The scope of this article is limited and explained, in an effort to clarify the standards for identifying medical faults in my country and protect the legitimate rights and interests of both doctors and patients.