现行法律规范中盘查权存在行政目的不清、内容过于原则、下位法违反法律保留原则等诸多问题。盘查作为警察行政调查手段之一,应分阶段判明行为的法律性质。第一阶段当场盘问、检查中,相对人主动配合的属事实行为;拒绝配合需使用强力的是行政调查。第二阶段继续盘问是行政强制措施。盘查权是警察行政调查权。 There are many administrative issues such as unclear administrative purpose, over-content of the content, and violation of the legal reservation principle by the lower-level law. As one of the means by which the police investigates the administrative investigation, the legal nature of the act should be determined in stages. The first phase of interrogation on the spot, check, the relatives take the initiative to cooperate with the fact that; refused to cooperate with the use of force is the administrative investigation. The second phase continues to cross-examination is an administrative coercive measure. Disclosure is the police administrative investigation authority.