anxious!Preliminary experts establish China Sports Arbitration Agency

anxious!Preliminary experts establish China Sports Arbitration Agency
The outside world used to describe the “winter of Chinese football” in 2020. From the beginning of the year to the withdrawal of Tianjin Tianhai, more than a dozen clubs have disappeared on the territory of the Chinese Football League.After the dissolution of these clubs due to inability to manage, many players who played for the club surrounded the colder situation-recovering wages, and the process of defending rights is extremely difficult.In an interview with Sauna and Yewang, some people have already paid attention and hope to establish a Chinese sports arbitration institution as soon as possible.After Tianjin Tianhai announced its dissolution, it still paid the players a salary.Data Map / Operation[Aftermath]Gradually make up for the arrears of payment, Tianhai was praised. On May 12, Tianjin Tianhai officially released the announcement of the dissemination, and the “access drama” that lasted for several months ended in the most helpless way.After the announcement of the dissolution, the club proceeded to deal with the aftermath. On May 16th, news came out that Tianhai, who had been owed four months of wages, distributed April wages for club employees and repaid two months of wages for first team players.After the reserves of the Chinese Super League dividends are in place, the club will gradually make up for the arrears of the previous players.Of course, the future trends of overseas lawsuits such as Tianhai and Modest have also received attention.In an interview with Sauna and Yewang, Mr. Wu Ming of Beijing Zhonglun (Shanghai) Law Firm introduced: “The first-instance trials of these overseas lawsuits are handled by the FIFA Dispute Resolution Committee, and the second-instance trials are in CAS (International Sports Arbitration)court).Arbitration requires a subject. Once the club completes the replacement, the case may no longer exist.”The so-called clubs are not the only ones that refer to a professional football club that has failed to register with the Chinese Football Association. Lawyer Wu Ming pointed out:” Professional clubs need not only be registered with the Football Association, but also need to be registered with the industry and commerce department, so we will see some professional football俱乐部和某某职业足球俱乐部有限责任公司,这也需要看球员告的是哪个主体,即在合同上盖章的是俱乐部还是俱乐部有限责任公司,因为以往出现过球员‘告错’的案例.After the judgment of the overseas lawsuit is settled, it is necessary to apply to the court for enforcement, which is a long process.If the club has entered bankruptcy liquidation procedures at that time, the order of repayment of this part of debt is listed after various expenses and employee salaries.”The fundamental reason for the dissolution of Hongyun in Liaoning is that it cannot afford to pay.Data Map / Operation[Current Situation]There are many disbanded teams, and Shaohai, who has repaid wages, started to be a player. After the news of the employee ‘s repayment of wages came out, the unanimous reaction of the people in the circle was: “Enough!Looking at the overall situation of domestic football withdrawing from professional league clubs, it is not uncommon for players to have nowhere to recover wage arrears.From Hongyun in Liaoning to South China Tigers in Guangdong, from Baoding Rongda to Dalian Gigabit, most of the players in these clubs are on the long road to pay.Although the Chinese Football Association has not officially announced the admission list for the third-tier league, it is a fact that the old Chinese football team, Liao Football Team, will disappear in this year’s Chinese First Division.Liao Football team members have been in arrears for more than a year of wages, bonuses, and the salary process is long and arduous: On February 4th, the Chinese Football Association announced the salary and bonus confirmation forms for professional leagues at all levels.Held for, a number of Liao Football players submitted a letter to the Chinese Football Association afterwards. Captain Sang Yifei reluctantly admitted: “The players did not get a penny a year . Isn’t it wrong to take legal weapons and protect their own interests”Since then, Liaoning football players have gone to the Chinese Football Association, and the Liaoning Sports Bureau has reported the situation, but the Football Association has not yet been recognized. The Sports Bureau, which owns the Liaozu Stock Company, suggests that the team members protect their rights through labor arbitration and other legal means.At present, a number of Liaoning football players have completed an agency agreement with a law firm in Liaoning Province, but before entering the legal process, the most important thing is that the Chinese Football Association needs to disagree on the wage dispute between the Liaoning Football Club and the players-quite a victim concernedThis is the key point of the “Li Gen case”.Lawyer Wu Ming said: “For disputes between players and clubs, the court usually considers the labor disputes to be general, the football industry is a special industry, and the Sports Law should apply.These sports laws stipulate that, if disputes occur in competitive sports, the sports arbitration institution shall be responsible for mediation and arbitration.Therefore, the court suspects such disputes should be referred to the Arbitration Committee of the Chinese Football Association.”[Viewpoint]The expert established a sports arbitration institution as a professional. Lawyer Wu Ming noticed that the difficulty in defending the rights of players stems from an old case: In 2010, Li Gen and the Chinese Football League Shenyang Dongjin Football Club had many work contracts becauseDuring the period, the club was in arrears of salary, bonuses, and insurance. Li Gen applied for arbitration with the Chinese Football Association Arbitration Committee on February 5, 2013. The arbitration committee decided to cancel the contract between the two parties;The club was required to pay the arrears of wages, bonuses, etc., the Football Association Arbitration Committee caused a rejection notice; in October of the same year, Li Gen applied to the Shenyang Municipal Labor and Personnel Dispute Arbitration Committee for labor arbitration, and also only received a non-substitution notice; 2014In December, Li Gen filed a lawsuit with the People ‘s Court of Tiexi District of Shenyang City. The court held that the dispute was a dispute in competitive sports. The sports arbitration agency was responsible for mediation and arbitration.The civil ruling of the people ‘s court Li Gen appealed to the Shenyang Intermediate People ‘s Court in 2015. The Shenyang City Intermediate Court revoked the first-instance ruling and instructed the Tiexi District People ‘s Court to continue to hear the case.Shenyang Dongjin Football Club paid Li Gen 75666 yuan and related indexes, and in July 2016, the case was filed and enforced; in 2017, Shenyang Dongjin Club applied to Liaoning Higher People’s Court for retrial; April 2018, Shenyang City Intermediate People ‘s Court made a final ruling, revoked the original first and second instance civil judgments, and rejected Li Gen ‘s prosecution;Because Shenyang Dongjin was disqualified from the registration of China National B in July due to wage arrears, the Arbitration Commission temporarily suspended the trial of Li Gen’s case.Article 32 of Chapter 4 of the “Sports Law of the People’s Republic of China” stipulates that the sports arbitration institution shall be responsible for mediation and arbitration in case of disputes in competitive sports activities.The establishment methods and arbitration scope of sports arbitration institutions shall be supplemented by the State Council.Today, China’s sports industry is booming, but the establishment of China’s sports arbitration institution has never been completed.Although the Chinese Football Association has an arbitration committee, the club ‘s contract with domestic players will also include “When both parties A and B have a dispute in the process of concluding this contract, both parties will resolve it through negotiation.If both parties cannot resolve the settlement, they can apply for arbitration to the Arbitration Committee of the Chinese Football Association. When Party B is a Chinese athlete, the arbitration committee ‘s ruling shall be the final ruling.When the dispute cannot be resolved through the arbitration committee (if the club does not continue to register with the Chinese Football Association, it will not be restricted by the industry ruling), players often block the “nowhere to ask” situation-how to determine the contract dispute?How to solve the problem of law application?How to protect the rights of players?Lawyer Wu Ming believes: “Now this aspect is a ‘vacuum zone’. Foreign disputes can be appealed to FIFA, CAS, etc., but domestic players do not have these channels.Therefore, there are already enough clubs in the short term, in general, and they hope to establish an independent national arbitration institution for sports.This institution should be established by the relevant departments and have the authority; and be registered with the Judicial Bureau. The arbitration judgment has legal effect and can be applied to the court for enforcement. It is not like this. The arbitration within the industry is only applicable to the football industry and has no legal effect.。”Sauna, Ye Wang Zhou Xiao editor Han Shuangming proofread Zhao Lin