又见“击穿”案：家族信托财产安全性的边界何在

Core Viewpoint - The recent case of a family trust being "pierced" by a court in Jiangsu has caused significant upheaval in the trust industry, raising concerns about the legal treatment of trust assets and the execution process [2][4][6]. Group 1: Case Details - In the case (2023) Su 0602 Zhi 6286, the court executed assets amounting to 41.43 million yuan from a family trust belonging to Cui Yi, treating them as deposits [2][3]. - Cui Yi was sentenced to 14 years in prison for bribery and fraud, with a restitution obligation of 70.12 million yuan to China Resources Pharmaceutical Group [3][4]. - The court's actions included freezing multiple bank accounts and seizing real estate, leading to the execution of the family trust assets without a formal determination of the trust's validity [3][4]. Group 2: Legal Implications - The execution of trust assets raises questions about the independent nature of trust property, which should not be treated as the personal property of the grantor [4][8]. - The court's direct execution of trust assets without a thorough examination of the trust's validity or the circumstances surrounding its establishment is seen as a procedural flaw [6][18]. - The case highlights the need for a clear legal process to determine the validity of trusts, especially in complex cases involving multiple parties [4][17]. Group 3: Industry Concerns - The incident has sparked concerns within the trust industry regarding the potential for misuse of trusts for debt evasion and the implications for trust asset protection [12][20]. - There is a growing need for regulatory clarity and legal safeguards to ensure that family trusts can operate effectively without being undermined by judicial actions [19][20]. - The trust industry is at a critical juncture, as improper handling of trust assets could lead to a loss of confidence among potential clients, prompting them to seek asset protection solutions abroad [20].