随着医疗事业的不断发展,脑死亡问题越来越成为各国医学界、法学界争论较多的一个敏感话题,迄今为止世界上不少国家都制定了脑死亡法,虽然在我国进行脑死亡立法存在很多顾虑和障碍,但其社会和法律价值重大。本文就我国进行脑死亡立法的必要性,以及脑死亡的具体立法模式、判定标准、执行程序、法律责任等操作性问题进行分析和探讨。 With the continuous development of medical career, the problem of brain death is becoming a more and more controversial issue in the medical and legal circles of all countries. So far, many countries in the world have enacted the law of brain death. Although there are many concerns about the legislation of brain death in our country And obstacles, but their social and legal value. This paper analyzes the necessity of legislation on brain death in our country, as well as some operational issues such as the specific legislative model, standards of determination, enforcement procedures and legal responsibilities of brain death.