自由裁量权在司法场域和行政场域具有非常重要的意义,但仅仅通过规范法学的视角对自由裁量权的研究将会有较大的限制,应结合社会学和管理学对其进行分析。通过对规则自上而下和自下而上两种理论分析框架,我们看到立法者对规则完备的需求与街道科层官员的反规则之间、上级的压力与现实有限资源之间、目标与责任之间的众多困境,使得街道科层官员在具体执法过程中受到种种限制。如何在规则与自由裁量权之间取得平衡,需要从多元视角进行整合。 Discretion is very important in the judicial field and the administrative field. However, the study of discretion will be more restricted only through the perspective of normative jurisprudence. It should be analyzed according to sociology and management science. Through the two theoretical analysis frameworks of top-down and bottom-up of the rules, we can see that between the legislator’s requirement of the rules and the anti-rules of the bureaucrats at the bureaucratic level, the pressure between the superiors and the limited resources of reality, And many difficulties between the responsibilities, making the streets of bureaucratic officials in the specific law enforcement process are subject to various restrictions. How to strike a balance between rules and discretion needs to be integrated from multiple perspectives.