作为美国行政法上的一种非立法性规则,政策声明并不具有法律拘束力,但由于它所具有的诸多优势,行政机关反而乐意采用这种规则形式,进而使得这些规则实际具有较强的实践拘束效果。如何控制其可能引发的恣意性等问题,已为美国学者所讨论。因此,美国法院也发展出了不同的司法审查标准来加以裁判。在中国也存在着诸多类似问题,通过美国法的研究可对相关实践有所启示。 As a non-legislative rule in the administrative law of the United States, the policy statement is not legally binding, but because of its many advantages, the executive authorities are willing to adopt this form of rule, thus making the rules actually have a stronger Practice restraint effect. How to control the possible arbitrariness and other issues has been discussed by the American scholars. Therefore, the United States courts have also developed different judicial review standards to be adjudicated. There are also many similar problems in China. Through the study of American law, some implications can be drawn from the relevant practice.