Nowadays, medical interns play an important role in curative activities, but whose legal status is really awkward,presenting the state of lacking of legislation. As the result, we should begin to explore the dilemma of medical interns’ curative activity, analyze the lacking of legislation to medical interns, define medical interns’ curative activity from practical case and theory of law, and put forward the concept of preparatory doctor. At last, we confirm the legal subject of medical treatment for medical interns by legislative way, and establishment the responsibility of medical tort, such as punish the medical interns whose curative activity make the severity consequence without permission by quoting administrative penalty methods and set up medical interns-fund to balance the equity among medical establishment, medical interns and patient.