关键词: 脑死亡, 工伤认定, 司法判例, 司法鉴定, 器官捐献

Abstract: Brain death has been widely accepted as a standard of death in the medical field, yet it has not been formally established in China’s legal system. This article examines the practical challenges and judicial disputes in the application of brain death in China’s legal framework, using the scenario of deemed work-related injury as a case study. Through case analysis, it is found that judicial practice often exhibits a cautious expansive interpretation in balancing the protection of labor rights and legal stability, particularly in special cases such as organ donation. However, due to legislative vacancies, such judicial breakthroughs face challenges such as inconsistent medical standards, insufficient authority in forensic appraisal, and internal contradictions within the legal system, making judicial rulings inconsistent. Future legislation should focus on the medical essence, establish a dual death determination system encompassing both cardiac death and brain death, revise relevant legal regulations in a timely manner to clarify the application of brain death in special cases, and promote coordinated development between legal and medical through guiding judicial precedents to achieve the unification of the protection of the right to life and social justice.

Key words: brain death, work-related injury recognition, judicial precedent, forensic appraisal, organ donation