农村宅基地和农民房屋能否自由转让是关系保护农民财产权、提高农民财产性收益的瓶颈问题,作为农业大省,河南此类问题比较普遍。我们认为保护农民财产权不仅是各级人民政府的职责,作为裁判机关的人民法院也责无旁贷。本案在众多的“农村宅基地买卖合同”中具有典型意义,它的争议点主要就在于原被告之间签订的宅基地转让合同的效力如何认定。一种观点认为,原被告之间签订的宅基地转让合同应属无效,且认为宅基地不可买卖流转。理由如下:首先,土地管理法明确规定:农民集体所有的土 Whether rural house sites and peasants’ houses can be freely transferred is a bottleneck that has a bearing on the peasants’ property rights and the peasants’ property income. As a big agricultural province, Henan is a common problem of this kind. We believe that protecting the peasants’ property rights is not only the responsibility of the people’s government at all levels, but also the people’s court as a referee. The case is typical in many contracts for the sale and purchase of rural homesteads. The main point of dispute is how to determine the effectiveness of the contract of transfer of homesteads signed between the former defendants. A view that the original defendant signed between the homestead transfer contract should be invalid, and that the homestead can not be traded. The reasons are as follows: First of all, the Land Administration Law clearly stipulates that the peasants collectively own the soil