Attribution and Liability:the Role and Position of Medical Identification Mechanism and the Court in the Criminal Litigation

In the criminal medical litigation, the relationship between appraisal mechanism and the court should be that of the “attribution” and “imputation” in criminal law. Attribution is the judgment of causality, and is factual judgments; imputation is of criminal liability judgment, and is value judgment. The criminal law in China which uses “attribution” is different from continental law system where three classes crime constitution theory is used in the “attribution”. To distinguish between attribution and imputation in order to accurately define the role and function of the appraisal mechanism and the court as well as the treatment of medical litigation has important significance.