勞動教養制度在中國曾經發揮著重要的社會作用，但是隨著勞動教養的流變，其性質逐漸發生了變化，從而帶來了中國法治發展中合憲性和合法性的困境。雖然通過制定法律可以擺脫勞動教養的「法律」困境，但從本質上來說，勞動教養與《公民權利與政治權利國際公約》相違背，不符合現代法治原則，應當予以廢除。而勞動教養之所以能夠在違反憲法和法律的前提下存活至今，也是與中國缺少有效的合憲性審查制度分不開的。

Although re-education through labour once played an important role in China, it has gradually transformed and led to its present predicament, i.e., its legality and constitutionality have been questionable. The issue of legality can be resolved through the enactment of a national law to incorporate the system of re-education through labour. The system is, however, in its nature inconsistent with the International Covenant on Civil and Political Rights (ICCPR) and the rule of law principle, and should therefore be abolished. Despite its illegality and unconstitutionality, the system of re-education through has continued to exist in China until today. One essential reason is that there does not exist an effective constitutional review system in China.