行政指导起源于日本,后因其成功实践被多国引进。我国旨在通过行政指导缓和政府的行政手段,凸出向福利行政、给付行政的转变。但在实践中暴露出一些问题,如规制性行政指导缺乏程序规定、裁量性过大、助成性行政指导不具有专业性、设立程序缺乏规范、与民众之间信息阻隔等。对此,需要设立具体程序规范,细化裁量标准,完善相应制度,使行政指导发挥最大效用。 Administrative guidance originated in Japan and was later introduced by many countries for its successful practice. Our country aims at alleviating the government’s administrative means through administrative guidance, and highlighting the change to the welfare administration and the administrative payment. However, some problems have been exposed in practice, such as the lack of procedural rules in the direction of regulatory administration, the excessive discretion, the lack of professional guidance in aided administrative administration, the lack of regulation in the establishment of procedures, and the obstruction of information with the public. In this regard, the need to establish specific procedures and norms, refine the standard of discretion, improve the appropriate system so that the administrative guidance to maximize the effectiveness.