行政主体行使裁量权作为行政管理的新方式,行政指导的地位和功能日益凸显。但对行政指导裁量权的研究却十分薄弱。分析行政指导裁量权在法律要件和法律效果中的不同存在形态,划定其必须遵循的三条界限,并从立法、行政和司法三权角度,论证规制行政指导裁量权的途径。 As the new way of administrative management, the executive body exercising the right of discretion has become increasingly prominent in the status and function of administrative guidance. However, the research on the discretionary power of administrative guidance is very weak. This article analyzes the different existing forms of the discretionary power of administrative guidance in legal requirements and legal effects, demarcates the three limits that it must follow, and discusses the ways of regulating the discretionary power of administrative guidance from the perspectives of legislative, administrative and judicial powers.