The doctor-patient relationship, as one of the products of the social division of labor, must be contractual.But the intervention of the classical contract law,will lead to its contractual Side being strengthened, and thus bring a series of dilemmas: its noncontractual nature being weakened,the commercialization of treatment, and the ineffective remedies for breach of contract, the adversarial side of the relationship being strengthened. Reflecting these dilemmas, in order to explore the medical law which can balance the contractual Side and the noncontractual side of the doctor-patient relationship.The reflection will have realistic significance for the healthy development of the doctor-patient relationship .