The legal system on protecting against and mitigating earthquake disaster in China is composed of the national laws，administrative regulations，departmental rules，local regulations and local government rules. At the national level，one national law,5 administrative regulations promulgated by the State Council and 8 departmental rules promulgated by the Department of the State Council are being put in force. At the provincial level,38 provincial local regulations and 50 provincial government rules are being put in force. The implementation of the law，regulations and rules has been playing an important role in standardization of the activities on protecting against and mitigating earthquake disaster，and has ensured and promoted the healthy development of the course of protecting against and mitigating earthquake disaster. This paper gives a review of legal system and legislative practice on protecting against and mitigating earthquake disaster in China from the national and provincial levels. And some suggestions for future work are proposed.