社会学视野下的“脑死亡”标准及立法问题

On the Brain Death Legal Foundation in China from the View of Sociology

1.就我国目前的状况而言,"脑死亡"立法存在着死亡判断标准具有隐蔽性、潜伏的社会成本过高、生命自主权的主张有违国情、对"脑死亡"立法后的社会预期不切实际等问题。2.我国社会公众目前普遍接受"脑死亡"标准的社会基础还不具备。3.死亡标准只能从"心死亡"或"脑死亡"中两者取其一,不宜并存共取,实施"脑死亡"标准只能从个别医疗条件好、民众观念较现代化的大都市率先试点。

Applying the standard of brain death in present situation of all country, average person has not much the knowledge about brain death and don't know the principle of it. That will consume a host of social costs. The author argues that the autonomy is not in harmony to the current situation of public, and the social expects of the medicine experts are too high. The public has not been ready to accept the brain death legal foundation now. If the government must be certain of the standard of death, face to the standard of heart death and the standard of brain death, the author thinks it will be better accept one than both of them. If the government decides to carry out the brain death legal foundation, it should be done a pilot survey in some big modern-minded cities before being put on general release.