Abstract: On account of the difficulties of historical fact, it is obviously not so successful if resorting to "overt consent" to interprete the new relation of citizens and their state, while appealling to "implied consent"seems to be more reasonable.According to the latter, we must make "voluntary" or "intentionality" a precondition of implied consent if we want to ensure the effectiveness of consent, but a new problem is, it is not the reality of the situation, for the reasons of people's tacit consent to their government's actions are sometimes "instrumental".