依法治医与以德治医具有阶段性,依法治医与以德治医在国家实现法治的进程中具有不同的地位和作用。研究二者的相互作用特点与局限性,批判继承中华法系“德主刑辅”的思想,提出“依法治医为上,以德治医为本”的观点。 The management of medical treatment in accordance with the law and the treatment of medical treatment with virtue are of a phased nature. Medical treatment by law and medical treatment by virtue have different statuses and roles in the process of the realization of the rule of law in the country. To study the interaction characteristics and limitations of the two, criticize and inherit the idea of ​​“law-governed by criminals” in the Chinese law system, and put forward the viewpoint of “governing medicine according to law and treating medicine by virtue”.