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现代社会植物人的数量不断增加,由此引发的社会法律问题也日益增多,而中国在植物人权益方面立法上不完善,有必要及时地完善植物人权益方面的立法,使法律制度更不上社会需求。本文首先对脑死亡和植物人的概念进行了辨析,指出了它们之间本质的不同。其次,分析了植物人的法理基础,从现实需要,立法现状的角度分析了植物人权益立法的必要性。最后,借鉴别国对植物人权益保护的立法提出了立法建议。
The number of plant people in modern society is constantly increasing. The social and legal issues that arise from this are also increasing day by day. However, China’s legislation on plant rights and interests is imperfect and it is necessary to improve legislation on plant rights and interests in a timely manner so that the legal system can not meet the needs of the society. In this paper, the concepts of brain death and vegetative human beings are first analyzed, and the essential differences between them are pointed out. Secondly, this paper analyzes the legal basis of vegetative human and analyzes the necessity of legislating the rights and interests of botanical people from the perspective of reality and legislation. Finally, legislative suggestions are put forward based on the legislation of other countries on the protection of plant rights and interests.