The highest law is clear: prohibition of drinks, the provision of the minimum consumption of the King clause

On February 12, the Supreme People's Court said in an interview with the Chinese consumer newspaper that the unequal format clauses (commonly known as OVERLORD clause) formulated by the catering industry may not apply to the provisions of the Supreme People's Court on several issues concerning the application of law in the trial of food and Drug disputes (hereinafter referred to as "provisions" Consumer Rights Protection Act, consumers may request the People's Court to confirm the "Overlord clause" invalid. January 9 This year, the Supreme People's Court promulgated the above judicial interpretation, the 16th article stipulates: "Food, drug producers and sellers in the form of contracts, notices, declarations, notices, etc. to exclude or restrict consumer rights, reduce or exempt the operator responsibility, increase consumer responsibility, etc. to consumers unfair, The People's Court shall support the unreasonable provisions of the consumer's claim that the content is invalid according to law. Then, catering enterprises can also be counted as food producers, need to be subject to the above-mentioned judicial interpretation constraints? Can consumers apply to the court for rescission of the Overlord clause of catering enterprises? The highest law in reply to China's consumer newspaper, said in an interview letter, the catering industry in the "prohibit from bringing drinks", "the minimum set between the package" The Overlord clause in the service contract is the stipulation that the catering industry uses its advantageous position to provide the consumers with the unfair and unreasonable provisions in the catering service. The judicial interpretation of food and drug disputes mainly solves the problem of how to deal with the disputes between producers, sellers and consumers of food and drug. In accordance with the provisions of article II of the Consumer Protection Act, the consumer buys, uses, or accepts services. Consumers in catering operators when the provision of services encountered Overlord clause disputes, can be applied to the provisions of the "law", but not the application of the provisions. For the opinion that "food, catering industry is a fully competitive industry, some unequal forms of provisions, such as ' prohibit the use of alcohol ', ' set the minimum consumption ' and so on, the law does not expressly prohibit, there is no clear prohibition of the acts are legitimate", the highest law in response to this newspaper interview, said that the relevant provisions of the judicial interpretation and " The law does not expressly prohibit all legal "views do not conflict." The highest law in the reply further pointed out that the "prohibit the use of alcohol", "the setting of minimum consumption", are catering operators to take advantage of their position, made to increase consumer responsibility unfair, unreasonable provisions, violates the relevant legal provisions, belong to the Overlord clause. Consumers may, in accordance with the above-mentioned legal provisions, request the People's Court to confirm the Overlord clause is invalid. The relevant article 40th of the Contract law stipulates that the form clause shall be invalid if it has the conditions stipulated in articles 52nd and 53rd of this law, or if one party of the form clause relieves its liability, aggravates the other party's liability and excludes the other party's main rights. The Consumer Protection Act 26th and third stipulates that the operator shall not, in the form of terms, notices, statements or shop notices, make rules that exclude or restrict consumer rights, mitigate or exempt the operator from liability, and increase consumer liability, unfair and unreasonable to consumers.must not use the format clause and by means of technology to enforce the transaction. The contents of a form clause, notice, declaration, shop notice, etc. containing the contents of the preceding paragraph shall be invalid.