The state explicitly prohibits restaurants from unilaterally setting up overbearing terms and conditions in order to jeopardize consumers' rights and interests.

According to China Consumer News 20140214, page A1, the Supreme People's Court responded to a written interview with the newspaper on February 12, 2014, saying:

1. Although the unequal format clauses formulated by the catering industry, commonly known as overbearing clauses, do not apply to the "Provisions of the Supreme People's Court on Several Issues on the Application of Law to the Trial of Cases Involving Disputes over Food and Drugs" (

2. In its reply, the Supreme Court further pointed out that the prohibition of bringing in one's own drinks and the setting of minimum consumption in private rooms are unfair and unreasonable provisions that increase the responsibility of consumers, violate the relevant laws and regulations, and are overbearing terms and conditions. Consumers can request the People's Court to recognize the invalidity of the overbearing terms based on the above legal provisions.

3. Regarding the view that 'the food and catering industry is a fully-competitive industry, and some unequal format clauses, such as "forbidding bringing your own drinks" and "setting minimum consumption in private rooms", are not explicitly prohibited by the law, and behaviors that are not explicitly prohibited are legal', the Supreme Court, in response to an interview with this newspaper, said that The Provisions do not conflict with the view that 'what is not expressly prohibited by law is legal'.

Article 29 of China's Tourist Hotel Industry Code says that hotels may refuse to allow guests to bring their own alcohol and food into restaurants, bars, dance halls and other venues to enjoy them, but they should set up a notice of refusal in a prominent position in the venue in question.

According to the aforementioned provisions and regulatory tendency, it is clear that the catering industry shall not charge a "corkage fee" only, the business can still be based on the "China Tourist Hotel Industry Code" Article 29, prohibiting consumers from bringing their own alcohol and food - but we all know that the business charge "corkage fee" is not allowed. We all know that the purpose of charging a "corkage fee" is not to charge a fee at all, but to "refuse to bring their own drinks"; only allow businesses to set "prohibited terms", but not allowed to stipulate that The "responsibility clause" of the "violator charges" actually hollows out the autonomy of the merchants.