With imperfect civil compensation of medical malpractice，“medical crime”becomes as“trees without root”，because of administrative penalties set of non-practical，medical liability identification is difficult to generate，and it makes difficult for the criminal offense of medical malpractice prosecution.So，the relevant provision should be modified as follows to be perfect：the crime of the medical malpractice should be defined as“the crime of medical negligence causing death”，“the crime of medical negligence hurt”；to establish Medical Association and the joint participation of Forensic medical mistakes identification system；then adapt to Penal Code Section 335 requiring the prosecution of crime，the basis to administrative penalties of illegal medical practice should be changed from the“medical accident” to“violation of the right to life and health of patients and leading to patients and their families suffered great economic losses.”