中国的各种矛盾突出,社会治安状况复杂多样,治安案件层出不穷,刑事案件触目惊心。公安机构策划出诸多比较“有用”的办法保障民众安全,便衣盘查成为普遍性常态化的执法工作。但是,这既容易扩张权力空间,又容易侵害相对人的合法权益,甚至恶化彼此之间的矛盾。根据行政法治原理,从行政性着手进行分析,权力分析有异化,职务分析有障碍,程序分析有故障,最后尝试设置即时救济制度,为便衣盘查提供有效的制度出路。 Various kinds of contradictions in China are prominent, the situation of social order is complex and diverse, public security cases are endless, and criminal cases are shocking. Public security agencies plan out a lot of more “useful” ways to protect the public’s safety and facilitate the conduct of general inspection. However, this will not only easily expand the space for power, but also easily infringe the legitimate rights and interests of the relatives and even worsen the contradictions among them. According to the principle of administrative rule of law, the administrative analysis is carried out. The power analysis is alienated. There are obstacles in the job analysis, and the procedure analysis is faulty. Finally, an immediate remedy system is set up to provide an effective system for the convenience inspection.