In the face of severe public health situation, the pharmaceutical patent compulsory license system achieves an effective dynamic balance between patent private right and public health right. By reviewing the evolution process of medicine patent compulsory licensing legislation in our country, from the legal basis for policy orientation, and social needs three aspects analyze the realistic foundation of the existence of the system, points out that the drug patent compulsory license system in China is in the status quo of the implementation of "zero", the negative effects of existing policy barriers, also exists in the system model and legislative defects. To further clarify the policy positioning of the system, improve the system design through legislation, and promote the completion of the system in practice and legal improvement.