Evergrande FC "fired" Yu Hanchao, will the Football Association follow up with punishment?
l u Wei
This article is only a personal academic research. The information obtained in the article comes from news reports. The views of the article are only personal immature understandings, and there are irregularities. I hope readers Haihan. Readers are welcome to reprint, but please indicate the source when reprinting to avoid unnecessary legal responsibility.
Evergrande FC’s announcement on the dismissal of Hanchao’s off-site behavior of altering license plates is not a legal concept. In the labor contract law and labor law, the employer can terminate, change, and terminate the labor relationship with the employee, and it does not exist. The concept of expulsion. Therefore, expulsion is only a concept in the team discipline and rules of the Evergrande FC team. As a part of the company, the main body of the team is the company. There is no doubt that the company’s "expulsion" is unreasonable. From a legal perspective, it is between the company and the workers (players). It should only be to terminate or terminate the labor relationship, not to expel.
Evergrande FC did not use the legal concept of dissolving labor relations, which may have its deep meaning. In addition to the status of a player, the player’s intangible asset value is that the club has to consider the actual cost issue. After all, it was expensive to transfer Yu Hanchao to Evergrande FC. According to Yu Hanchao's current competitive level and physical condition, it is believed that the transfer of Hanchao to any Chinese Super League club can get a certain financial return.
Now Evergrande FC has to terminate the labor relationship with the players due to the illegal behavior of the players off the court, which is unrealistic from an economic perspective. Because for players, Evergrande’s termination of the labor relationship with them will instead allow them to become free agents and quickly find another club to sign. Of course, if Evergrande and the player’s labor contract stipulate serious violations of rules and discipline, the club can terminate the contract. When the labor relationship with the player is terminated and the reputation and economic loss caused by the player to the club can be investigated, Evergrande FC can request the Chinese Football Association Arbitration Committee that Yu Hanchao bear the economic loss, and the player may not be so calm.
Evergrande FC did not use the legal concept of dismissal of the labor relationship, but used the concept of expulsion and discipline. It may be a public relations behavior that leaves room for public relations. After public opinion subsides, Yu Hanchao can return smoothly after he has changed his mind. For its follow-up behavior, let us wait and see.
So, can the Chinese Football Association follow up and punish Yu Hanchao after he was detained for his license plate alteration? Judging from the fact that Zhang Xiuwei was punished by the Chinese Football Association Disciplinary Committee for falsifying the participation certificate with a false age, and Zhang Lu was punished by the Chinese Football Association for the following penalties in accordance with the "Detailed Rules for the Implementation of Regulations on the Management of National Football Teams at All Levels", we predict this , This time, if the Chinese Football Association wants to punish Yu Hanchao, which subject will be punished according to which penalty provisions.
First of all, let’s take a look at the difference in punishments between Zhang Xiuwei’s case and Zhang Lu’s case. Although both were drunken acts off the court, the basis and subject of the punishment were different. The subject of punishment in Zhang Xiuwei’s case was the Disciplinary Committee of the Chinese Football Association. The regulations are the penalties for fraud in Article 71; the main punishment for Zhang Lu's case is the Chinese Football Association and the Chinese National Men's Football Team, and the punishment is the "Detailed Rules for the Implementation of the Regulations for the Administration of Players of National Football Teams at All Levels", and the specific regulations are unclear. Why do the same violations occur, and there are problems of different punishment subjects and punishment basis? The reason is that the "Chinese Football Association Disciplinary Punishment Guidelines" did not include players' off-court behavior in the scope of the regulation, and failed to categorize such off-court behaviors. However, the Chinese Football Association cannot face public opinion. Not responding and expressing, therefore, the Chinese Football Association must find a reason for punishment, so the Chinese Football Association can break through the Chinese Football Association Disciplinary Committee, the only legal punishment subject, jump out of the rules, and punish Zhang Lu through changes in the punishment subject and another basis for punishment. The act of drunk driving, in the end, the Chinese Football Association properly quelled the pursuit of public opinion.
However, this time Yu Hanchao's act of altering the license plate once again touched the nerves of public opinion and pushed the Chinese Football Association to the top of the wave. How did the Chinese Football Association punish Yu Han Chaonan? There is no basis for disciplinary punishment. According to the principle of non-punishment stipulated in the law, it is obviously impossible to find a "crime" to be punished. Can the "Detailed Implementation Rules for the Management of National Football Team Players at All Levels" be used for punishment? Obviously, it is also not possible, because Yu Hanchao is not an active national, and this rule cannot be applied to Hanchao. The first two times were unworkable, so how to punish is really embarrassing.
Let’s analyze Yu Hanchao’s behavior. Former internationals, Evergrande players, luxury cars, painted license plates, public opinion complaints about their moral quality, then, can the Football Association follow the "Chinese Football Association Ethics and Fair Play Committee Working Guidelines (Trial Implementation) )) "Article 25, paragraph 16, other violations of ethics and fair play shall be interpreted and punished. After all, Article 3 stipulates that the "violation" referred to in this working rule is harmful to the integrity and reputation of football and is Unrelated or rarely related activities that violate ethics and fair competition. If appropriate expansion of the interpretation can solve the problem of the basis of punishment, but from a legal point of view, does this form an expanded interpretation that will damage the rights of players. According to the essence of the modern rule of law, there is no explicit stipulation that the law does not impose penalties. This has become the most basic principle of human rights protection. No matter how serious a player’s illegal behavior is, it cannot be punished without a legal basis. Although the Chinese Football Association is a social team, it should follow This principle is to punish players. If there is no basis for punishment, they cannot be punished. This is the price of fragmentation and lag in the rules. What the Chinese Football Association can do is to amend the disciplinary guidelines or ethical guidelines as soon as possible to fill in the lack of legislation. But not under the pressure of public opinion to find "regulations" or make expansionary explanations to punish players.
Finally, the public security department has already imposed fines and administrative detention for Yu Hanchao's alteration of license plates. The Chinese Football Association has imposed additional penalties. Does it violate the principle of no more penalties? From a legal point of view, an act should not be punished twice by the same penalty subject, but the subject of the penalty here is different. The fine and administrative detention are made by the public security organs. If the Chinese Football Association adds additional penalties, it is the industry. The internal association law of the Association, these are two types of penalties. The club’s expulsion of Yu Hanchao is based on the punishment of the team discipline and team rules. This is the basis for the punishment formed in the labor contract. Therefore, Yu Hanchao altered the license plate. Although the matter may be punished by the public security department, the Chinese Football Association, and the club, it does not violate the principle of no more punishment for one thing.
From the perspective of economic costs, if the Chinese Football Association really imposes additional penalties, the cost of Yu Hanchao’s alteration of the license plate is indeed higher. This illegal cost and penalty consequences are indeed heavier. However, as a former international player, Heng The big players, public figures, and young people’s role models, whether he should bear all this, set an example for the society and young people, and strictly restrict his behavior for the reputation of Chinese football. Of course, this is difficult to measure. Kundera There is a book called "The Unbearable Lightness of Life". At this moment, it may be more appropriate to describe the consequences of Yu Hanchao's alteration of license plates. I hope that the football world will not have the next "Zhang Hanchao, Ma Hanchao..."