依法行政背景下产生的行政性案例指导制度具有弥补法律漏洞、限制行政自由裁量权滥用、弥补法律滞后性等逻辑正当性。行政性指导案例依然面临着遴选标准多样化、制度效力模糊化、运行机制欠缺化等诸多困境。有鉴于此,构建具有合理性、科学性、可操作性、实效性的行政案例指导制度实属依法行政应有之义。 The administrative case guidance system produced under the background of administration by law has logical legitimacy to make up for loopholes in law, limit the abuse of administrative discretion and make up for the lag of laws. Administrative guidance cases are still faced with many difficulties such as the diversification of selection criteria, the fuzzification of system effectiveness and the lack of operational mechanism. In view of this, the construction of a guidance system of administrative cases with reasonableness, scientificness, operability and effectiveness is actually due to administration according to law.