The volunteer service has been booming in mainland China in recent years, it 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 practice that restricting its development. The authors analyze the problems in medical volunteer service from the legal point 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.