The right to use rural homestead is an independent usufructuary right unique to China, which means that rural residents have the right to build houses and ancillary facilities on the legally acquired homestead owned by collective economic organizations, and to possess, use and restrict the disposal of the homestead. It has the characteristics of strict identity, free use, permanent use, strict limitation of subordinate relationship and scope. Its acquisition methods are original acquisition and derivative acquisition, and its elimination forms are absolute elimination and relative elimination. The right holder of rural homestead enjoys rights and undertakes obligations.

There are two kinds of homestead: one is the homestead on state-owned land, which must have a fixed number of years, not more than 70 years; One is the homestead on collective land, which has no fixed number of years and is obtained by the members of rural collective economic organizations because of their good health.