A Study On Administrative Law Enforcement Of Restricting The Collection Of Bottle Opening Fee In Catering Industry

With the gradual development and improvement of China's market economy,the corresponding laws and regulations are also more sound.On March 15,2014,the Consumer Protection Law was amended and implemented to include consumption including online shopping.The new situation in the field has been standardized and has responded positively to hot issues including the catering operator's overlord clause.Following the implementation of the newly revised "Consumer Rights Protection Law",the Supreme Law,the Ministry of Commerce,the National Development and Reform Commission and other departments have also made corresponding decisions through the introduction of corresponding laws and regulations,and clarified the provisions of "prohibition of bringing their own drinks".Defined as an unequal format clause in a service contract.Later,with the making of some judicial decisions,it has become a judicial consensus to conclude that similar hotels charge “opening fees” as the overlord clause.However,until now,there are still many merchants who have changed their names and charged the “opening fee” in the name of “drink service fee” and “ware usage fee”.The reasons are multi-faceted.Consumers,catering operators,and law enforcement agencies all have their own shortcomings,which together create a situation in which the order is not stopped.In this paper,after the implementation of the newly revised "Consumer Protection Law," a number of news reports and judicial cases have been introduced and reviewed in various parts of the country,and the problems and causes reflected in related reports and cases have been discussed in depth.analysis.In the last part of the article,the author puts forward corresponding suggestions for its reasons.This article is divided into four chapters.The first chapter introduces and analyzes relevant reports and judicial cases.The second chapter gives an overview of the relevant legislation that explicitly stipulates the “opening fee”.The third chapter analyzes the different voices and phenomena in the current society due to the ban on “opening fees” and further analyzes the reasons.Chapter 4 addresses some of the reasons that have been analyzed in the previous section,and suggests some suggestions from the market players themselves,from the legislative and judicial levels.