The exercise of police power, such as random checks or identity verification, always catches the public’s attention no matter what the reasons are. The legitimacy of exercising police power has a great impact on the prestige of states of law. Legitimate law enforcement is able not only to show professionalism of police but also to educate the public on the concepts of law and order. The objective of this study is to conduct research on police power and theories of authority, and to observe the legality of police power in foreign countries. From freedom and human rights to the order and safety, this study is conducted based on criteria of legalism in order to examine the problems of police power and analyze the regulations of exercising police power in Taiwan. In this way, concrete suggestions on the limits of police power law can thus be made. This study will focus more on the theories, try to find out the deficiency of current police power law and find solutions. The legislation on the law of exercising police power will be the target of this study as well. The key research directions of this study are shown below:
1) The legislative background of the law of exercising police power and the data analysis of legislative procedure: This Law is enacted to respond to the serious deterioration of public security and security needs of the public. According to the comments and conclusions of “National Development Consultative Conference and Social Security Consultative Group Conference”, the law regarding police power shall be enacted by legislation. The first title of the Law was “Police Power Exercise Act”. Nevertheless, during the legislative procedure, the public accused that the Article 11.3 and 11.2 of Police Duty Act, involving the police interrogation and constraints of personal liberty. Such sections were accused of the violation of the Article 8 regarding personal freedom and the Article 23 concerning proportionality of Constitution of Republic of China. Based on this reason, the Justices of the Constitutional Court, Judicial Yuan, were petitioned for a constitutional interpretation. After this interpretation, the Articles should be amended and be voided within two years. For this reason, the Police Power Exercise Act was forced to enact quicker under the time pressure.
2) The basic theories of police power: Police Power Exercise Act is considered as a criterion for individual police officer performing professional duties. This criterion helps us to unveil the features of police power. The theoretical basis of this study can be shown as follows: (1) Legal characters of Police Power Exercise Act. (2) The intention of individual police officers. (3) The power distinction between crime prevention and crime investigation. (4) The types of method of exercising police power. (5) The relationship between Police Power Exercise Act and other laws.
3) The dissection of current Police Power Exercise Act: (1) Research into the scope of authorization of the entire Police Power Exercise Act. (2) Clarification and definition of complementary principles. (3) Research on general clauses. (4) Research into the power of entry. (5) Research into police identity check power. (6) Research on the prevention of intelligence gathering. (7) Research into the immediate force.
4) Suggestions and amendments to this Act will be proposed: (1) The legal terms shall be revised. (2) Amendments to certain sections of Police Power Exercise Act. (3) Adjustments to the relevant law.