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便衣暗访以行政有用性为基本出发点,以获取快捷有效的执法效果为衡量指标,因其所具有的功利主义色彩,形成比较明显的身份诚信困境,影响执法的公正性效果。便衣暗访属于行政执法的异化方法,缺少相应的权力规制,程序缺失或者不够严谨,证据缺乏效力,导致行为合法性受到质疑,减损其职务有效性。所以,有关部门应大幅缩减便衣暗访的适用空间或适时彻底废除,以更好地维护人民警察的法治形象。
Unofficial interviews with plainclothes to administrative usefulness as the basic starting point, in order to obtain efficient and effective law enforcement effectiveness as a measure of indicators, because of its utilitarianism, the formation of a more obvious identity integrity predicament affect the justice effect of law enforcement. Unofficial unofficial plainclothes belongs to the alienation method of administrative law enforcement, lacks the corresponding power regulation, the procedure is missing or not rigorous enough, and the evidence lacks validity, which leads to the question of the legal validity of the act and detracts from the validity of its position. Therefore, relevant departments should drastically reduce the applicable space for unannounced visits to plainclothes or completely abolish them in due course so as to better safeguard the image of the people’s police in the rule of law.