Abstract: The fossil protection litigation in our country is late,and there have become the fossil protection legal system whose main is the fossil protection ordinance since 1990s.The legal system has regulated important issues about the fossil such as exploration,collection,circulation,entry and exit,and legal responsibility.However,the legal provisions are insufficient in suppressing,punishing and stopping all kinds of Illegal and criminal behaviors for fossils.the deficiency and leak in legislation have resulted in lawless,so it is very important to improve and perfect the fossil protection legislation.