The issue of the doctors’ behavior of refusing treatment has caused great concern of the public and academia, however systematic study on related questions of this issue is still relatively rare. This article starts from the research on existing legal provisions, then analyzes the legislative dilemma and controversy of this issue and discusses the legitimacy and rationality of allowing doctors to refuse treatment conditionally. This article also raises eight particular circumstances in which the doctors could refuse treatment according combining with related cases and learning from foreign legislation based on basic legal theory such as the theory of contract and right safeguard, aiming at providing reference for further discussion and practice of this issue.