Abstract:In “Tort Liability Act”, a chapter “medical malpractice liability” based on different types of medical malpractice liability takes a different responsibility principle, in order to build a fault liability based on the principle of presumption of fault under special circumstances as well as the principle of liability without fault to supplement liability for medical damages principle system, find the best balance point that balanced injured patients, medical institutions, and the relationship between the interests of all patients, and scientifically handle the different interests relationship. However, the liability adscription principle system of medical malpractice is not strict, some problems exist in the standard design, language representation, and lacking of logic, which may affect the accurate interpretation and correct application of “Tort Liability Act”, and need further standardization and improvement.