Abstract: Housing vacancy rate in China gradually manifests irrationality which attracts great attention, but the waste of resources and environmental problems implied in that has been seriously neglected. Therefore,the paper tries to analyse the ideological roots of the problem in the framework of environmental protection law, mainly on the basic of the Sustainable Development Concept,the Ecosystem Civilization Principle, and the social nature of resourses. Aiming at radically dealing with the unreasonable housing vacancy rate in China with the rule of law, some legislative proposals on legislation are raised finally.