小产权房的合法性和如何处理一直是争议话题。一方面小产权房的市场需求非常广阔,另一方面小产权房面临着巨大的困境。造成这种矛盾情况的根源是我国集体土地流转受限制度。本文认为实行宅基地流转不仅符合法律精神,而且能从本质上解除小产权房的困境。 The legitimacy of small property room and how to deal with it has been a controversial topic. On the one hand, small property market demand is very broad, on the other hand small property rights room is facing a huge predicament. The root cause of this contradiction is the restricted circulation of collective land in our country. This paper argues that the implementation of the circulation of homestead not only conforms to the spirit of law, but also essentially lifts the dilemma of small property houses.