With regard to the different theories about the legal nature of “operation contract”, each had its own features,pros and cons. Operation contract was the prerequisite for surgical treatment, the essence of which was a legal sesurity assuring the independent deciding right of the patient, and was a proof proving discharging the obligation of the doctor, rather than a mean by which the hospital used to transport its risks or obligation. The operation contract which meet certain conditons had some leagal effect. Therefore,it was necessary to perfect the application norms of the operation contract.