The present invention discloses a determination apparatus for concrete impact flexural-tensile injury based on non-equilibrium state. The determination apparatus is characterized by comprising a gas gun, a bullet, an incident rod, a transmission rod, a strain sheet, a bridge box and a data acquisition system connected with a computer, wherein the strain sheet is adhered on the middle portion of the incident rod and is connected with the data acquisition system through the bridge box, the incident rod and the transmission rod are respectively provided with a sleeve head, the sleeve heads are respectively provided with a pad block, and a concrete specimen is sandwiched between the pad blocks on the two rods. With the determination apparatus and the determination method of the present invention, the concrete injury theory is introduced into the flexural concrete determination under impact load, such that the difficulty that the flexural concrete injury time is short under the impact load is overcome, and the relationship curve between the tensile strength and the injury time during the concrete flexibility is obtained; and the difficult problem that the transmitted wave is difficult to determine through the test is overcome, and the error is substantially reduced during the wave superimposing.