勞動教養制度在中國曾經發揮着重要的社會作用，但是隨着勞動教養的流變，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 been transformed and led to its present predicament, i.e., its legality and constitutionality have became 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 existing system is, however, in its very nature inconsistent with the International Covenant on Civil and Political Rights (ICCPR) and the principle of the rule of law principle, and should therefore be abolished. Despite its illegality and unconstitutionality, the system of re-education through labour has continued to exist in China until today. One significant reason is that there does not exist an effective constitutional review system in China.