一、关于脑死和脏器移植的观点脑死是高度发展的现代医疗技术的人工的产物,从传统的生与死的观点来看,应放在死亡的领域之中。但死亡的定义和确定方法,一直是作为医学上应当解决的问题,不应由法律规定,而且现行法律也并未论及何谓死亡。因此,法律上对于医学所专门确立的死亡概念和确定方法自然也采取承认。于是,现在医学上如何确立死亡的定义及其确定方法就是至关重 I. THE CONCEPT OF BRAIN DEATH AND MIGRANT TRANSPLANTATION Brain death is a highly artificial artifact of modern medical technology that, from a traditional point of view of life and death, should be placed in the field of death. However, the definition and determination of death have always been the medical problems that should be solved. They should not be stipulated by law, nor should the current law deal with the death. Therefore, legal recognition of the concept of death and the method of identification established by the medical profession has naturally also been taken. So, now how to establish the definition of death in medicine and its determination method is crucial