本文立足现有的国情并同时比照国外较为成熟的行政裁量理论,探索符合法治理念的我国行政裁量之路径:首先从理论层面论述了需要给予行政机关在做出具体的行政行为之时有一定的裁量空间;其次,从实践角度提出首先是行政法规的权限问题;其次是构建利益表达和沟通的平台;再次关于行政裁量的司法审查,将行政裁量纳入法治当中的关键。 This article based on the existing national conditions and at the same time cf foreign mature foreign administrative discretion theory, to explore the path of our country’s administrative discretion in line with the idea of ​​the concept of the rule of law: First of all, from the theoretical level, it is necessary to give the administrative organ certain administrative action Second, from a practical point of view, the first is the issue of the authority of administrative regulations. Secondly, it is the platform to construct the expression and communication of interests. Once again, the judicial review of administrative discretion, the key to include administrative discretion in the rule of law.