基于器官捐献视角论我国脑死亡标准的立法

Discussion on legislation of brain death criteria in China from the perspective of organ donation

近年来我国器官捐献事业快速发展,然而我国尚未对脑死亡标准进行立法确认。本文介绍了国内外脑死亡标准立法现状和我国现阶段公民逝世后器官捐献实行的死亡判定标准,从器官捐献视角探讨了我国进行脑死亡标准立法的必要性,并基于实际国情对脑死亡标准立法的形式和内容提出了建议,旨在为开展脑死亡标准立法工作提供参考。

In recent years,organ donation has developed rapidly in China,whereas the brain death criteria have not been confirmed by relevant legislation.In this article,the current legislation situation of brain death criteria at home and abroad,and the current criteria for determination of death for organ donation after citizen's death in China were introduced.The necessity of legislation of brain death criteria in China was discussed from the perspective of organ donation,and suggestions on the form and content of brain death criteria legislation were proposed based on the actual national conditions,aiming to provide reference for the legislation of brain death criteria.