The copy right of patient’s medical history data is one of the basic rights of patient. Based on the informed consent right of patient, medical service contract and for guaranteeing the litigation ability, patient has the right to copy all the medical history data. So the subjective medical records should not be forbidden. In common law system countries,such as America,England,Canada, the right of copy all the medical history data has been approved,so as civil law countries,for instance,Japan,Lithuania,and Taiwan.We should accept the copy right of patient’s medical history data by legislation,clearly define when,where,and how to exercise this right,and cancel the records on discussion of dead cases,because of the imperfections in the provisions of the state.