There are many problems existing in China's cultural relics protection legislation as follows, such as: the law cannot be enforced efficiently, the consciousness of law-abiding remains to be improved and the efficiency of legislation has been reduced just because of the wrangle among different powers. All of these problems affected the clear expression to the content of law, reduced the unity of the legal system in cultural relics protection which induce the relief measures that cannot protect the social benefit as well as the mechanism of public participation cannot be formed. That is to say, the legislation on cultural relics protection should be improved to meet the need of the public in cultural life.