京城首例开瓶费案引发的法律问题思考-法律·民商法专业论文.docxVIP

兰州大学硕上学位论文 兰州大学硕上学位论文 京城首例开瓶费案引发的法律问题思考 Abstract In the modem market economy,consumers have the right to choose their favorite goods and services and operators to arrange their operating modes and offer services within legal regulations．When the mutual interests are against each other, law is bound to make certain considerations and choices between them．However,as our current law has no clear regulations on such cases，the court decisions on similar cases are sometimes quite opposite．So in the current legal environment，it is necessary to give a clear legal definition whether the”No bring your own drinks，”and the”Open bottle fee”are reasonable or not．Taking the Beijing’S first corkage Case as an example，this thesis aims to have in-depth discussion and analysis on the issues： the legality and legitimacy of the regulmion on corkage fee，the functions and limitations of government intervention and industry regulations，public opinions’ influence on judicial activities and the attitudes of the judiciary． The thesis consists of four chapters： Chapter one is a comprehensive introduction of the Beijing’s corkage case， including the main disputes，and the results of the first and second court decisions． Chapter two makes a comprehensive assessment on the verdict reasons，the law applicability,the parties’controversy about the court decision，the he trial courts’ delicate change of attitudes on corkage fee．In addition，a further analysis is given about the pros and cons of the law applicability and justice—oriented functions of the two court decisions． Chapter three discusses the legality of the restaurants”single actions of‘No bring drinks’’and“Open boric fee”and presents possible exceptions． Chapter four discusses the issues conceming resolution mechanisms on similar cases and perfection of OUr legal systems from the angles of the functions and limitations of government intervention and industry regulation