当前随着城市房地产市场房价的猛涨,房地产市场交易中出现的“小产权房”问题也日益增多,在农村特别是城乡结合部开发“小产权房”的规模越来越大,法律争议也愈演愈烈。本文运用法经济学所学的知识,从成本收益分析入手,对我国集体土地所有权和集体建设用地进行经济分析,着重对现有制度下“小产权房”各参与主体的成本收益进行了分析,并提出了解决“小产权房”问题的方法和对策。 At present, with the soaring prices of real estate market in cities, the issue of “small property houses ” appearing in real estate market transactions is also increasing day by day. The scale of developing “small property houses” in rural areas, especially in urban and rural areas, is getting larger and larger Law disputes have also intensified. Starting with the analysis of cost and benefit, this article makes an economic analysis of the collective land ownership and the land for collective construction in China, emphasizing on the cost-benefit of the participants in “small property room” under the current system Analysis and put forward to solve the “small property room ” method and countermeasure.