In 21 Century，the intangible cultural heritage has become an important issue in the domestic and international communities. The protection of intangible cultural heritage should be many aspects，among which the legislative protection is very important；it is the fundamental guarantee for the scientific protection and rational development and utilization of the intangible cultural heritage. This paper is carried out from the legislative protection of our country and legislative experience of countries around the world，probing into the certain problems that exist in the legal protection of intangible cultural heritage in China，and then put forward some thoughts and suggestions on the legislation of intellectual property rights and the identification and management of representative transmitters. We hope to promote the legal construction of the intangible cultural heritage of our country.