Research On Police Power In The View Of Modern State Theory From Hobbes

With the prevailing of the liberalism, individuals’fear of government, the relationship between individual rights and state power as a zero-sum game of an all-or-nothing, especially of the police power is emphasized. And there seems to be a tendency to restrain police power because of some of the policemen’s fault. The author analyzes the basis of the liberalism that is for restraining police power to explore the nature of a modern country and liberalism and argues that liberalism are based on a powerful country. Clarify the social contract transferring the rights to establish a modern national state power come from all citizens agreed to waive the basic powers of resistance, the police power as part of the national sovereignty, and its role is precisely the rule to safeguard nationalis essentially to safeguard the interests of the people themselves. Sought liberal foundation analysis, to understand the origin and background of liberal theory, further pointed out that when a culture of acceptance, displacement theory developed in other cultural and social conditions, not only to see these theories publicly declare the principle, but also to analyze the background of these theories reveal the hidden theme of these theories, discourse of Western liberalism has always been rooted in the powerful countries. Correct understanding of the police power of modern country ruled by law, but also need to put in the framework of the country as a whole theory or political philosophy to think is rational and reasonable. Hope to resolve public misunderstanding and suspicion of the police power and police career. At the same time, the judicial practice of the legal obstacles and the practice of legal awareness deviation from a correct understanding of the sovereignty characteristics of the police power to reasonably regulate the content and procedures of the police power, the introduction of a system of judicial review to limit the implementation of the right of police aspects to explore how to further improve the system of police power.