China’s system has played a certain positive role in the maintenance of social stability and social order and its inherent flaws of infringement of citizens’ basic human rights is an objective fact. With the development of the rule of law construction，the system of education-through-labor not only deviates from human rights protection in the constitutional law，and conflicts with the provisions of the international convention on human rights and infringes upon citizens’ basic human rights in the implementation. Therefore，to abolish the education-through-labor system and carry on the corresponding reform of the system are the necessary requirements of the progress of the rule of law and human rights protection in China.