“小产权”房并非准确的法律概念,而是一个充分体现着国家法律的两难追求、政策是否错位、社会心理评价、民众道德诉求等一系列问题之间的平衡和价值取舍的形象表述。不能期望用单一法律思维或手段解决目前广泛存在的小产权房问题。同时应明确小产权房买卖的无效原因是多方面的,不完全等于小产权房本身违法,也可能在于其流转过程的违法。本文从法律、社会心理和民众道德诉求的角度对该问题加以了阐述,以期作为政府解决小产权房问题的一方参考观点。 “Small property ” room is not an accurate concept of law, but a vivid expression of the balance and value choice of a series of problems such as the dilemma of national law, the dislocation of policies, social psychology evaluation and public moral appeal . Can not expect to use a single legal thinking or means to solve the current widespread problem of small property room. At the same time should be clear that the reasons for the sale of small property rights is not valid for many reasons, not entirely equal to the small property room itself illegal, it may also be illegal in its circulation process. This article elaborates the issue from the perspective of law, social psychology and public morality, with a view to serve as a reference point for the government to solve the problem of small property room.