卫生行政机关通过制定裁量标准等形式对行政处罚自由裁量权进行限制是必要的,但应正确把握对裁量权的限制程度,防止走向僵化。裁量标准制定主体的多元化带来了法制统一问题和低层级行政机关制定裁量标准是否合法的疑问。在具体裁量标准的制定中,还存在对法律越权变更、过于僵化、忽视部分裁量因素、不同地域差距过大等问题,需要进一步研究和思考。 It is necessary for the administrative organ of health to restrict the discretion of administrative penalty through the formulation of discretionary standards. However, the extent of restriction on discretionary power should be correctly grasped to prevent it from becoming rigid. Diversification of the main body of the drafting of standards has brought about the issue of the unification of the legal system and the question of whether the lower-level administrative organs formulate discretion standards. In the formulation of specific standards of discretion, there are still issues such as the over-arching of laws, excessive rigidity, neglect of some discretionary factors, and the disparity in different geographical areas, which require further study and reflection.