Aspects of the legislation that affects the excavation and export of fossils from China are reviewed in the context of the illegal removal of material, as well as problems shared in common with fossil protection legislation in other territories. Issues that surround a clear definition of terminology, as well as the consequences of poor terminology in such legislation, are highlighted, as well as the question of the propriety of the application of cultural legislation to palaeontological objects. Examples are given of ways in which foreign researchers can work legally with institutions in China on Chinese fossil material, as models of best practice to be followed. © 2014 The Linnean Society of London, Biological Journal of the Linnean Society, 2014, 113, 694–706.