小产权房是否应该合法化,一直是社会大众关注和争论的焦点之一。尽管小产权房在多个城市快速发展起来,但现行法律不允许在农村集体所有的土地上开发小产权房,目前小产权房依然属于应该严肃查处的范畴。然而,从民法的基本原理来看,我国现行法律不允许农村集体所有的土地上进行房地产开发,是不符合民法的基本原理的。因此,研究小产权房的法理对我国的经济发展有重大的理论与现实意义。 Whether small property should be legalized has always been one of the focuses of public concern and controversy. Despite the rapid development of small property houses in many cities, the current law does not allow the development of small property houses on collectively-owned land in rural areas. At present, small property houses are still classified as severely punished. However, judging from the basic principle of civil law, the current law of our country does not allow real estate development on the land owned by rural collectives, which is not in conformity with the basic principles of civil law. Therefore, it is of great theoretical and practical significance to study the jurisprudence of small property houses on the economic development of our country.