“刺死辱母者”一案悲剧背后是破产制度对于债务人利益救济存在缺失,反思破产法作为市场竞争失败主体的退出法,对债务人的利益救济存在双重态度,一方面制度的缺失无力实现对债务人利益的救济,任由可怜的债务人深陷债务深渊不能脱离;另一方面是对债务人实现着有限保护,给债务人企业重生留存希望,而“刺死辱母者”一案彻底激发了这一矛盾。我国经济转型期将淘汰大量的落后企业,产生大量无力偿债的债务人,破产法是时候作出价值抉择,通过周延精准的体系构建实现债务人利益救济这一制度价值,更好的发挥破产法作为市场竞争失败主体退出本位法的功能。 Behind the tragedy of the case of “assassinating and humiliating the mother” is that the bankruptcy system is lacking in the relief of the debtor’s interest, and the bankruptcy law reflects the withdrawal law as the main body of the market competition failure and has double attitudes toward the debtor’s interest relief. On the one hand, the system lacks inability To realize the relief to the debtor’s interests, allowing the poor debtor to sink deeply into the debt abyss can not be separated; on the other hand, to achieve limited protection for the debtor and to retain the hope of the debtor’s enterprise rebirth, and to thoroughly punish and humiliate the mother Aroused this contradiction. During the period of economic restructuring in our country, a large number of backward enterprises will be eliminated and a large number of insolvent debtors will emerge. It is time for the bankruptcy law to make a choice of value, and to build a system of indefinite benefits through debtors’ accurate system so as to give better play to the bankruptcy law as a market The Function of the Subject Exiting from Standard Law in Failure of Competition.