The medical personnel receiving brokerage of drugs and appliance is illegal, howerer, accusing them of bribery remains judicatory controversial. The author expatiated on components and law presumption, made a study of disputes on qualitative analysis of this behavior, and brought out juristic inconsistency with crime of bribery punished. Finally according to legal principle of misdeed that law without an express provision does not criminate in our country criminal law, and referring to License Physician Law and Drugs Management Law etc,the author thought for the general medical personnel who receives brokerage of drugs and appliance, it is a best way to educate; for those without any changes, some administrative punishments are necessany and even it is legal to revoke his/her physician license while remit criminal punishments, for those hospital gorernor, they might be convited of bribery.