论死亡标准中的法律问题

传统观念一直以心跳停搏与呼吸停止作为人体死亡的判定标准,然而随着医学科学的进一步发展,这一判定标准逐渐受到人们的质疑,脑死亡概念随之产生,国外有关立法也给予了肯定。目前,我国脑死亡立法亦进入了实质性程序。对脑死亡的概念、立法意义、判定标准及国外相关规定作了初步阐述,并对我国立法提出了建议。

On the Legal Problems of Death Standards

Traditionally the stop of heartbeat and breath has been considered as the standard of death, but as the development of medical science goes, it comes to be questioned. So the concept of brain death came into being, and it is accepted by the legislation concerned. At present the legislation of brain death has come into a substantial program. This paper gives an elementary discussion of the concept of brain death, legislation significance, judging standard and foreign regulations, and puts forward some advice to the legislation in China.