A Constitutional Study Of Brain Death Legislation

In recent years, requirements for the legislation of brain death are increasing inChina, and it is necessary to discuss the constitutionality of the legislation of brain death.Brain death legislation does not violate the right to life implicitly protected in theConstitution, but precisely reflects the state’s actively safeguards obligations to life.According to the traditional standard of death, rescuing the patient’s behavior actuallyundermines the personal dignity, and the legislation of brain death is just to maintain thepersonal dignity provided in our Constitution. Besides, the legislation of brain death isalso consistent with social morality, such as love people and love science, which areadvocated by our Constitution. Obviously, brain death legislation has become a trendand it not only has the validity, but also has the feasibility. Of course, it should beconsistent with the constitutional philosophy, and not go beyond the constitutionalboundary. According to the principle of legal reservation, Brain Death Law should bemade by the National People’s Congress as soon as possible. According to the principleof proportionality and due process of law principles, legislation should embody justiceand democracy. At the same time, Brain Death Law should be clearly stipulated deathcriteria, decision subject, declare procedure and related legal responsibilities, in order toensure the accuracy of the determination of brain death.