脑死亡作为一种更为科学的死亡判断标准需要以立法的形式确定下来,但是这一过程在我国显得举步为艰,本文试从这部立法的必要性和可行性来强调这部立法的重要意义,并且就立法模式的选择提出了一些看法。最后,从法学理论的角度对立法所涉及的权利义务关系做了简要的分析,以期在相关部门加快脑死亡立法进程的今天起到微薄的促进作用。 As a more scientific criterion of death, brain death needs to be determined by legislation. However, this process seems to be a difficult one in our country. This article tries to emphasize the importance of this legislation from the necessity and feasibility of this legislation , And put forward some views on the choice of legislative model. Finally, from the perspective of jurisprudence, the author analyzes the relationship between the rights and obligations involved in the legislation briefly, with a view to playing a modest role in promoting the legislative process of brain death today.