On the last night of February, the Xinjiang Guanghui men’s basketball club used a paper announcement to push Chinese basketball to the forefront of public opinion controversy again.
In that announcement, Xinjiang men’s basketball fiercely refuted the judgment of the discipline and ethics committee of the Basketball Association on the “registration violation” of the team, and clearly stated that under the premise of not accepting any “punishment, decided to” withdraw from this season’s competition and withdraw from CBA League “.
Five hours later, Zhou Qi, one of the leading characters in this announcement, also spoke out publicly and responded to the complaint of Xinjiang men’s basketball with a long article, and from his own point of view, he told the story of “being forced to fight with injuries” and the club’s “subject confusion” in salary distribution “.
According to previous reports in People’s Daily, this dispute involving China Basketball Association, CBA company, Xinjiang Guanghui club and Zhou Qi originated from the contract dispute between Xinjiang Guanghui and Zhou Qi on June 4, 2021, until August 23 of that year, the Chinese Basketball Association filed a case according to the regulations, but it eventually evolved into the current situation of “tearing the face.
According to the news reporter from the relevant insiders, the Xinjiang club will most likely stick to its own position and decision, and “prepare more relevant materials”; The Chinese Basketball Association has intervened overnight; and Zhou Qi’s response also showed his attitude.
When the CBA league is about to return to the fans tonight, this multi-party game has pulled off the “more mature” fig leaf of Chinese professional basketball.
Xinjiang and Zhou Qi were also very sweet.
Xinjiang Guanghui and China Basketball Association
Is the punishment reasonable and unreasonable?
On February 17, the Chinese Basketball Association issued a penalty notice on its official website, confirming that Xinjiang Guanghui had problems such as confusion among participants, which constituted a registration violation and punished Xinjiang Guanghui.
One day later, Guo Zhun, chairman of Xinjiang Guanghui basketball club, responded quickly, saying that the club did not violate the registration administer method of China Basketball Association. In addition, the supplementary explanation mentioned that “the trial process of the moral discipline committee has not been carried out according to the conventional process”, and then pointed the relevant issues to the China basket Union CBA company.
So far, Xinjiang men’s basketball and China Basketball Association are officially in a state of confrontation.
In the announcement released late at night on men’s basketball in Xinjiang, the first to refute and complain was the “unreasonable” of the Chinese Basketball Association in judging violations and punishing procedures “.
According to Xinjiang men’s basketball, the club received a notice and decision on “registration violation” on February 8, but the notice did not explain the legal basis for the punishment.
Zhou Qi also thanked the Xinjiang team for providing the stage.
“My club communicated repeatedly through e-mail, telephone, and entrusted lawyers to the Basketball Association office for interviews, hoping to explain the facts of violation and the basis of punishment, but there was no reply. My club commissioned a lawyer to ask for a hearing on this matter in person, but was told that “we do not have this procedure ‘.”
In fact, in the punishment notice previously published by the chinese basketball association, it was mentioned that xinjiang men’s basketball seriously violated the registration administer method of the chinese basketball association, and according to article 7 of the discipline standards and punishment regulations of the chinese basketball association, article 59 and Article 69 and Article 165 of China Basketball Association registration administer method shall be punished.
However, Xinjiang men’s basketball believes that the Chinese Basketball Association not only failed to organize the “hearing” process as required before the “punishment” was issued, moreover, the basketball association registration administer method does not apply to the specific content of the club’s “registration violation”, so it does not have credibility and credibility.
Xinjiang men’s basketball does not think that they have the problem of “personality confusion.
In addition, Xinjiang men’s basketball also mentioned the issue of “personality confusion” in the announcement.
The so-called “personality confusion” is a related concept of “legal personality confusion” that protects the interests of creditors in law. It refers to the non-division of assets between shareholders and companies, the intersection of personnel, and the same business, the third party who deals with it cannot distinguish whether it deals with shareholders or the company. In the concept of “corporate personality mixing”, it includes property mixing, business mixing and personnel mixing.
According to the punishment basis of China Basketball Association before, Xinjiang Guanghui used the approved registration qualification to transfer its core business such as actual operation and management to affiliated companies that are not registered entities without the approval of the registration authority; in terms of organizational structure, financial management, business operation, club registration and access, Xinjiang Guanghui has mixed personality with its affiliated companies.
What is involved here is “Xinjiang Guanghui Professional Basketball Club Co., Ltd.” registered in Horgos “, there is only the difference between” occupation “and” Xinjiang Guanghui basketball club Co., Ltd “, the main body participating in CBA league.
In this regard, Xinjiang men’s basketball did not make too detailed explanation in the announcement, but only mentioned that “the club applied to change the participating subject, and then the process was interrupted due to the epidemic, and the original subject continued to participate in the competition”, then, the problem is pointed to that “Basketball Association, as a non-profit social organization in the basketball industry, does not have the right to identify the company’s” personality confusion “, and the company’s” personality confusion “is neither illegal, it does not violate the basketball association registration administer method.”
Judging from the current situation, an important reason why Xinjiang men’s basketball raised objections and refused to accept the punishment of the Basketball Association is that, they believe that the Chinese Basketball Association’s “basketball association registration administer method” does not apply to the specific content of “registration violation” in Xinjiang men’s basketball, and the Chinese Basketball Association, as a non-profit social organization, is “seriously wrong in applicable regulations”.
In this regard, the Chinese Basketball Association has not responded for the time being.
Zhou Qi believes that there is a yin-yang contract in Xinjiang men’s basketball.
Xinjiang Guanghui and Zhou Qi
For money or basketball?
After refuting the punishment of the Chinese Basketball Association, Xinjiang men’s basketball mentioned Zhou Qi in the announcement, and used the word “smear and slander” to express the dispute between Zhou Qi and Xinjiang before men’s basketball.
“In August 2021, Zhou Qi fabricated the so-called ‘yin-Yang contract’ problem by using the invalid contract and reported it to the State Administration of Taxation. According to the verification by the tax authorities designated by the State Administration of Taxation, there is no violation in our club, and the relevant reports are false.”
In the announcement, xinjiang men’s basketball mentioned the issue of “yin-yang contract”, which is actually a problem that CBA company has been trying to change in the past few years.
According to Xinjiang men’s basketball, the valid contract is completely consistent with the previous invalid contract except for the participants, and there is no “yin-yang contract” problem.
“This invalid contract is the contract signed with the players when our club applied to CBA league to change the participating subject in 2019. After that, due to the impact of the epidemic, the process of changing the participants was interrupted and the contract became invalid. According to regulations, our club re-signed contracts with Zhou Qi and other players as the original subject and completed the registration of CBA alliance.”
However, a few hours after the announcement, Zhou Qi made a public voice and took out the “evidence materials” he had “.
“Guanghui club holds two contracts signed with me (one is Guanghui, one is Guanghui occupation, and the two contracts have the same amount), and one is used to register CBA players in China Basketball Association, the other one is used to sign the entry agreement with CBA company, pay labor remuneration, enjoy tax concessions, apply for tax registration, etc.”
Zhou Qi mentioned in the response of Changwen that Guanghui registered in the Basketball Association and filed in CBA company are completely different companies, and Xinjiang has two CBA clubs in practical sense.
“All salaries are paid by the club’s bank account; The club will not pay salaries to players through non-club legal entities such as club affiliates; All player contracts are labor contracts. Xinjiang Guanghui club Co., Ltd. is known to all the participants in Guanghui club. Then why am I a professional employee of Guanghui?”
“Why can Guanghui profession pay my labor remuneration according to salary? It is because Horgos Park has a policy of returning individual income tax on wages and salaries…… May I ask where is my personal income tax return part? Was it stolen?”
Almost two years ago, when Zhou Qi initially had a contract dispute with Xinjiang men’s basketball, “money” and the dispute were closely linked.
In fact, when the dispute developed to the current stage of “tearing the face”, Xinjiang men’s basketball also showed some relevant data in the announcement-2019-2020, 2020-2021 two seasons (that is, before the salary limit of CBA Alliance), Xinjiang men’s basketball paid a total of 49516031.52 yuan for Zhou Qi, including 39888888.30 yuan for fixed salary; the total personal expenses such as the winning fee and the purchase of its designated US imported nutrition products are 9627143.22 yuan.
In response to this, Zhou Qi responded, “as for the two-year victory fee and the guaranteed doctor’s salary provided by Guanghui club voluntarily for me after negotiation between the two parties, how can I afford such a high amount of nutrition fees when a variety of expenses such as trainer’s salary are mixed together?”
“Besides, Guanghui club still owes me part of the winning fee for the last season. Besides, there are some low-level reasons to deduct wages.”
According to Zhou Qi’s response, if it is really just for higher salary, “then why do I stay in Guanghui club unsteadily, why do I have to go overseas alone? Why leave my parents, wife and my newly born child?”
In Zhou Qi’s long article, he actually mentioned the problem that Xinjiang men’s basketball “earned 650000 dollars in the purchase fee and avoided admitting the obligation of buying out contracts” before he went to the United States that year, and the club demanded that they must promise to continue playing in Guanghui club for five years on the grounds of “agreeing to issue a letter of clarification.
Xinjiang men’s basketball complained that the basketball association management office was not divided.
How much is the complaint true?
This dispute is difficult to win
Whether the source of this multi-party dispute is for money or basketball, Xinjiang men’s basketball and Zhou Qi hold different opinions, but when the contradiction is intensified to such an extent, even if the problem can be solved in the future, it seems that no one can become a “winner”.
In the complaint against the punishment of the Chinese Basketball Association, Xinjiang men’s basketball mentioned the issue of “separation of management and office”, and even directly mentioned Yao Ming, the chairman of the Chinese Basketball Association in the announcement.
“Since 2017, Yao Ming has served as the chairman of the Basketball Association and the chairman of the CBA league. The management functions of the Basketball Association are mixed with the running business of the CBA league, and the basketball industry is full of chaos.”
In fact, the “separation of management and management” of Chinese basketball was once the template of Chinese professional sports.
Based on the historical situation of the sports management system, the administrative departments, public institutions, social organizations and competition companies, the four institutions of different nature have been separated and confused with each other for a long time, so that there are not many successful cases of “separation of management and management” in China’s current professional sports.
The development of the Chinese Basketball League and the CBA league has actually experienced a lot of twists and turns at the beginning. Among them, 18 CBA clubs joined the league company collectively in the name of secondary vocational school Federation, hoping to realize the absolute holding of CBA company. After some negotiation and negotiation, finally, it contributed to the further marketization of China basketball professional league.
Xinhua News Agency once affirmed the reform of Chinese basketball in 2018, “in the first full season of separation of Chinese basketball administration and the reform of CBA league, the reform has also brought wonderful marks to China’s professional basketball in the new era…… In terms of league operation, Yao Ming revealed that the separation effect of management and office is good at present, and the CBA operating income this season has reached the highest in the past years.”
However, when China men’s basketball suffered a “Waterloo” in the men’s basketball World Cup in 2019 and lost the men’s basketball tickets for the Olympic Games, under the background of “rapid development of marketization”, the problem that Chinese basketball has been gradually ignored by the outside world has once again been put on the table:
Including the competition level of the league, the referee and the club’s income-it was at that stage, about “Chinese players should go out and improve the speed of progress” has become a mainstream voice.
Xinjiang paid more than 49 million yuan for Zhou Qi Men’s Basketball.
Unfortunately, judging from the current situation, the reform of “separation of management and office” cannot solve the problem of personnel management left over, so the fundamental trouble of the so-called “going out” is to strive for “free body”.
Whether it is China men’s basketball’s judgment and punishment of “registration violation” in Xinjiang, Xinjiang men’s basketball’s complaint of process errors and misuse of laws and regulations in China Basketball Association, including the “guarantee” and “commitment letter” disclosed by Zhou Qi, are still the problems and contradictions arising from the reform process of Chinese sports.
Zhou Qi is only one of the most concerned representatives in this contradiction. Behind him, more young players in Chinese professional stadium may encounter the same troubles, wandering around in the fetters of pursuing dreams and reality.
Judging from the statements and materials provided by Zhou Qi, including the Chinese Basketball Association, CBA company and Xinjiang men’s basketball, it is difficult for the outside world to distinguish how many complaints are true, how many accusations are false.
The problems faced by Chinese basketball may be more complicated than the current situation, at least in terms of the current multi-party disputes, there are too many problems pending.
How will Xinjiang “safeguard its rights and interests” in the future men’s basketball “? How does the Chinese Basketball Association respond? How to adjust the competition of CBA company after this season? In theory, can Zhou Qi, who is about to recover his “free body”, return to CBA?
According to surging news, according to relevant people close to Zhou Qi, when facing the inquiries about the future, zhou Qi and his team can only give “no idea” at present “.
However, when Chinese basketball is torn off the “fig cloth” in this dispute, no one will be the final winner.
However, this dispute, which has received much attention, may become a turning point in the history of Chinese basketball, as Zhou Qi said at the end of his response to Changwen: “I still have to say what I said when I quit the CBA season in 2021. I hope that through my events, the CBA league will be more standardized.”
(Text/surging journalist Ma Zuoyu)
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Xinjiang men’s basketball and Zhou Qi’s entanglement