死亡作为一种法律事实,具有重要的法律意义,传统上,我国刑法一直以心肺死亡标准作为死亡的标准,但随着科学的进步和器官移植的发展,该标准目前面临严峻的挑战。本文对刑法中到底应采取何种死亡标准进行分析和论证,认为相互补充的二元标准比较符合我国目前的实际情况。 As a kind of legal fact, death has important legal significance. Traditionally, Chinese criminal law has always used the standard of death of cardiopulmonary death as the standard of death. However, with the progress of science and the development of organ transplantation, the standard is currently faced with severe challenges. This article analyzes and argues in the end which kind of death standard should be adopted in the criminal law, believing that the dual standard of complementing is more in line with the current situation in our country.