Abstract: Although there are many people who uphold to enhance the legislation of the right to strike,but the strike itself and the right to strike are not completely understood by the masses.That is why there is no progress on the legislation of the right to strike.By the development of market economy,hostility between capital and labor,group dispute are happening from time to time.There is a strong need to push the steps of legislation of the right to strike forward.Therefore,we need a more scientific analysis on the constitutional status of right to strike.The essence of the right to strike is the right to suspend the work by worker himself,it is the way he achieves rights and interests of labor force,and counterbalances abuse of right from employer.Under the status of constitution,right to strike will be helpful to establish the win-win relationship among labor,capital and government,which is beneficial to develop the manpower resources,and realize a real scientific development.