农村房屋买卖合同效力问题研究

随着市场经济的发展和城乡人口流动加强，农村房屋买卖活动日益增多。现行法律、法规对此类农村房屋买卖合同的效力耒作出明确规定，使该问题在民法理论和司法实务中引发诸多争议。我国土地资源稀缺和地少人多的矛盾，决定了现阶段必须实行严格的土地法律制度，一户农村村民只能占用一处宅基地。为在资源有限的前提下确保农民生产和生活的稳定性，要求严格限制农村宅基地流转，不允许农村宅基地进入市场自由买卖。基于不动产房地一体的关联性，农村房屋流转亦应属于法律禁止之列。建议有关机关尽快研究并出台相应立法，这是社会主义法制统一的必然要求，也是维护社会稳定、和谐的重要途径。

Research on the Contract Validity of Rural House Sales

Along with growing market - economy and flowing population between urban and rural areas, rural housing buying and selling increasing numbers. Existing law and regulations yet provide indefinite rules on such buying and selling contract validity, this had caused many disputes during civil law theory and judicial practice. Limited land resource and large population numbers determined in current stage our country has to practice strict legal regime on rural land, one rural family with only one homestead. Based on the relationship between house and land （ homestead ）, rural housing trade should also be restricted by law. Requested by socialist legal system, legalization on rural housing is urgently recommended, this is an important approach to maintain a stable and harmonious community.