Medical accident crime is stipulated by many penal codes in some countries. It is commonly believed overseas that medical accident crime is one of unpremeditated professional crimes, which is more serious than general unpremeditated crimes, while it is just contraty in China. In Chinese penal code, such crime is not only lighter than general unpremeditated crimes, but other professional unpremeditated crimes, which is diametrically opposed to our criminal law.The author elaborated his ideas on this problem.