The volunteer service has been booming in recent years, the volunteer service comes into all aspects of social life and plays a positive role in the area of health. However, the medical volunteer service in our country is still a new thing, the legalization is not so good and it has a lot of problems in system and in practice. The author will analysis the problems in medical volunteer service from the legal point in order to clarify the relevant law concept and to clear the legal relationship and legal responsibility between different subjects, and finally can improve the level of legalization, organization and standardization of the medical volunteer service.