Abstract: The intangible cultural heritage legal protection has gained great achievements in many countries worldwide. The promulgation of Intangible Cultural Heritage Protection Law has greatly promoted the development of the protection work in our country. However,there are some problems in the implementation of the law, like the wrong pointing, lack of co-ordination, lack of autonomy, lack of meta-theory, and so on. Relevant experience of Japan, South Korea and other foreign countries can be drawn on to offer the solutions:the main body of the protection of intangible cultural heritage should be clarified; the relationship between the protection of private interests and administrative protection should be straighten out; the main body of the protection of intangible cultural heritage should be reconstructed with the discourse theory of law; the problem of coordination among People's Republic Non-Material Cultural Heritage Protection Law and other relevant legal systems should be given attention to.