At present, the construction market in China lies in some disordered condition and there are lots of unlawful cases, contract with own capital is one of them. In this paper, the conception of contract with own capital is defined and its harmness is analyzed. Then, four forms of contract with own capital in the real life are introduced. At the same time, the reason why it is unable to be forbidden in China is analyzed. In the end, the authors put forward their suggestions.