浅谈谢绝自带酒水

On Restaurant's Refusing Drinks and Wine Brought by Consumers

不得自带酒水是一个老问题,但对它的认识确是空前的一致,无论是学界还是消费者保护的实践,都把它作为侵犯消费者权利的无效的霸王条款。笔者从消费者权利的界定和刨析入手认为该约定既不侵犯消费者的权利,又不违反合同法和其他相关法律的强制性规定,应当成为消费合同的有效的组成部分,消费者应当予以遵守。进而认为对消费者权益的保护应当以法律的理论和相关规定为依据,而不是朴素的感情。

restaurant＇s refusing drinks and wine brought by consumers is alway be considered as an high-handed term infringing upon the consumer＇s right. However, the author thinks that the agreement doesn＇t infringe the consumer＇s right as well as break the contract law and other legally compulsory regulations, starting with defining and dissecting the consumer＇s right. Moreover, it should become the component of consumption contract. The protection for consumers should be on the foundation of the law theory and regulations concerned but not simple affection.