湖南省近年来在法治政府建设的地方行政立法上有较大突破,获得了普遍关注。这种行政主导型法治政府建设模式也面临着现实的重重制约,这些制约因素主要有:党委决策职权缺失明确规范影响政府依法行政、人大立法缺位、执法者缺乏执法积极性导致制度休眠、司法对接不畅、湖南人法治精神有待增强。克服上述现实制约的具体对策主要有:规范党委决策权力提高党委依法执政的能力、加强和改善人大立法与监督提升法治政府立法的民主性正当性、加强行政内部与外部监督推进制度落实、采取切实措施保障司法机关顺利行使监督权、培育社会公众法治意识。 In recent years, Hunan Province has made great breakthroughs in the local administrative legislation on the construction of the government under the rule of law and has gained widespread attention. The administrative construction of the rule of law by the government is also faced with the reality of a number of constraints, these constraints are: the lack of decision-making authority of the party committee clearly regulate the impact of government administration by law, the absence of legislation of the NPC, law enforcement officials lack the enthusiasm for law enforcement led to system dormancy, Poor, Hunan people’s rule of law needs to be strengthened. The concrete countermeasures to overcome the above-mentioned practical constraints include: standardizing the Party’s decision-making power to improve the party’s ability to govern according to law; strengthening and improving the legislative legitimacy of the NPC; enhancing the democratic legitimacy of the legislation of the government under the rule of law; strengthening the implementation of internal and external supervision and promotion systems; Measures to ensure that the judiciary successfully exercise the right to supervision, foster the public awareness of the rule of law.