面对“裁量基准潮”兴起的客观法现象,实务界以肯定的态度积极推进这一制度的建设,并视其为行政改革的重要符号。而理论界因继受大陆法系关于裁量基准的基本理论,又囿于行政行为形式论的认识视角,无法全面地认识裁量基准在实践中的实际形态和功能。从裁量基准本土化的策略出发,应将裁量基准置于转型时期行政法治背景之下,将其作为一个渐进式的过程和功能意义上的制度来考察,同时应正视中国式裁量基准向成为整合各种裁量控制技术载体的发展创新。 In the face of the phenomenon of objective law that arises from the “tide of discretionary power of judgment,” practitioners actively promote the construction of this system with a positive attitude and regard it as an important symbol of administrative reform. However, the theoretical circles can not fully understand the actual form and function of the discretionary benchmarks in practice because they inherit the basic theory about the discretionary benchmarks of the civil law system and the cognition perspectives of the administrative form of behavior. Based on the strategy of localizing discretionary benchmark, the discretionary benchmark should be placed under the background of administrative rule of law in the transitional period, which should be examined as a gradual process and functional system, and at the same time, Chinese standards of discretion should be taken into account Development and innovation of various cutting-edge control technology carriers.