作者认为, 我国传统破产立法理论在市场经济条件下因社会经济发展的历史进程不同而存在局限性, 因根植于私有制土壤, 其产生、发展及演变始终没有摆脱 “私” 的观念而导致了封闭性,因其固有的封闭性而缺乏效率性。在信息经济来临之际, 应创建以市场为本位的开放的极具效率的破产法理论体系和立法模式。 The author believes that our country’s traditional theory of bankruptcy legislation has its own limitations under the conditions of market economy due to the different historical processes of social and economic development. Because of its roots in private ownership, the emergence, development and evolution of the theory of bankruptcy did not get rid of the concept of “private” The lack of efficiency due to its inherent confinement. At the advent of the information economy, a market-based open and highly efficient bankruptcy law theory and legislative model should be established.