行政裁量基准是行政法的法源,将其纳入司法审查具有必然性。但司法审查的实践势必面临审查“依据”与“对象”、行政理性与司法理性、成文基准与非成文基准之间抉择的两难。审查的指导理念从“浪漫与怀疑”到“现实”、审查模式从静态向动态转变、价值目标追求从被动守护正义到能动回应现实,是走出尴尬的基本途径。 Administrative discretion benchmarks are the source of law of administrative law, and it is necessary to include it in the judicial review. However, the practice of judicial review is bound to face the dilemma of examining the choice between “basis” and “object”, administrative rationality and judicial rationality, written benchmarking and unwritten benchmarking. The guideline of the review is from “romance and suspicion” to “reality”, the mode of censorship changes from static to dynamic, and the pursuit of value from passive guardian justice to active response to the reality is the basic way out of embarrassment.