Problems of the housing of small property right have already become realistic ones,which are difficult to avoid during the development of our society.

The emergence of the housing of small property right is due to historical reason and practical reason as well.

Basing on the intension of small property right,the paper think that the illegal construction of Shenzhen is‘the housing of small property right’.

At present there exist a large number of small property rights houses.

Small property rights house is not a legal concept, however, it’s a special definition created by the media, which means the property right cards of the houses don’t issue by the Government, but by the villages and towns government.

The small property right house refers to the construction of collective land of peasants from the collective economic organizations or individuals other than the purchase of the units, there is no evidence of legal title to obtain housing.

Under the existing legal framework,collective land use rights can not be freely transferred,which makes "the small property right house" illegal,and the business contract invalid.

So it is the basic issues how to define "the Informal Property Rights" clearly.

In recent years,the rise of "the informal property rights"has been an increasingly striking social phenomenon around major cities in our country.

Though the current legislation defined it to be illegal, the government and functional departments prohibit the citizens to buy it, the implicit market of uncompleted-right houses exists everywhere all over our country, which highlights the inconsistent between the legislation and the reality.