Brain death due to cerebral hemorrhage is not salvageable. This is because brain death is the loss of total brain function, which is manifested by deep coma, absence of voluntary breathing and loss of all brainstem reflexes. In the past, the concept of death mainly referred to cardiac and respiratory arrest, but due to advances in medical technology and continuous improvements in resuscitation techniques, the use of ventilators, pacemakers and cardiovascular active drugs can sustain brain-dead patients for weeks or even months. However, brain death has been supported by relevant laws abroad, while there is no legislation for brain death in China, which means that the criteria for diagnosing death in China are still based on the complete cessation of breathing and heartbeat. However, the accuracy of the diagnosis of brain death is very important, because the practice of legal standards involving brain death criteria must avoid improper selection of transplant donors due to immature diagnosis. Therefore the criteria of brain death should have to be guaranteed by law and implemented within the limits of the law.