一、关于案件的法律适用 道路交通事件致人身损害赔偿案件,是指因道路交通事件造成他人人身伤害或死亡而引起受害人或其亲属提起损害赔偿的诉讼。 对于该类案件的法律适用,有人认为:对于构成交通事故的,应适用国务院《道路交通事故处理办法》(以下简称《办法》)。对于不构成交通事故的,应适用《民法通则》处理。笔者认为,这种观点实质上是对《办法》性质的一种错误认识。《办法》是行政法律规范,属行政范围,它是公安部门处理交通事故的法律依据, I. The Law Applicable to Cases Cases of personal injury caused by road traffic accidents refer to lawsuits against the victims or their relatives for damages caused by bodily injury or death of others caused by road traffic accidents. For the legal application of such cases, some people think that: For the formation of a traffic accident, the State Council “Road Traffic Accident Treatment Measures” (hereinafter referred to as the “Measures”) should be applied. For those who do not constitute a traffic accident, the “General Principles of Civil Law” should be applied. In my opinion, this view is essentially a misunderstanding of the nature of “measures”. “Measures” is the administrative law norms, is the administrative scope, it is the legal basis for public security departments to deal with traffic accidents,