脑死亡立法的宪法界限

On the Constitutional Boundaries of Brain Death Legislation

脑死亡立法虽是大势所趋,但其应该符合宪法理念,不得超越宪法界限。根据法律保留原则,应由全国人大制定《脑死亡法》。从平等原则出发,我国采用一元修正死亡标准更适宜。《脑死亡法》的制定要符合正当法律程序原则,应采取立法听证会等形式以广泛征求民众意见,而且要明确规定脑死亡的判定主体、宣告程序和相关法律责任,以确保脑死亡判定的准确性与规范性。

Brain death legislation has become a trend, but it should be consistent with the constitutional philosophy, and not go beyond the constitutional boundaries. According to the principle of legal reservation, Brain Death Law should be made by the National People＇s Congress. Based on the principle of equality, a modified standard of death is more appropriate for the situation in China. While making Brain Death Law, the following principles should be followed： conforming to the principle of due process of law, taking legislative hearings and other forms to solicit public opinion, and ensuring the accuracy and normative of brain death decision by explicitly stipulating the decision subject, declare procedure and related legal responsibilities of brain death decision.