According to criminal law, if the medical negligent action accords with the composed elements of the related crimes in criminal law, undoubtedly, it should take the criminal responsibility. In Japan, the medical negligent action may constitute to the article 209 and 210 of criminal law. However, because the medical negligent action has some important characteristics, such as “specialization”, “secret chamber”, “feudal”.., and so on, which may cause patients and their relatives have difficulties in supplying the evidences, then they will lose the lawsuit easily, especially in the criminal prosecution. This essay tries to offer us the reference about dealing with medical negligent action by probing Japan's experiences.