行政指导作为一种非强制性的行政行为为政府大量使用,是对传统依法行政的一种必要补充,然而有关行政指导的理论在学术界一直存在分歧。从行政指导与依法行政原则相契合的前提出发,探析行政指导行为的合法性基础、性质和分类三个具有学术争议的最基本的理论问题,为实践运用提供可靠的理论支持,才符合“依法行政”的理念。 Administrative guidance as a kind of non-mandatory administrative behavior is used extensively by the government, which is a necessary supplement to the traditional administration by law. However, the theory about administrative guidance has always been divided in academia. From the prerequisite that administrative guidance meets the principle of administration according to law, the author analyzes three basic theoretical issues with academic controversy, such as the legitimacy foundation, nature and classification of administrative guidance, and provides reliable theoretical support for practical application. Administrative "concept.