消费者选择权、消费心理与竞争法的逻辑——对“酒水不能自带”规定的思考

饭店"酒水不能自带"的规定往往被认为是侵害消费者权益的行为而激起消费者的不满。但是,面对权利冲突时单纯从"消费者——经营者"模式来分析权益的优先保护并不能获得一个满意的结论。而事实上,通过对商品属性的分析可以发现,"酒水不能自带"的问题成为社会的热点在很大程度上是基于特定产品的特性,以及其所引起的消费者心理感受变化的原因。从宏观的角度来看,竞争法通过对竞争秩序的维护,可以在整体上为消费者提供更多的选择,从而实质性地保护消费者的选择权。

Consumers' Choice and Psychology and Logic of Competition Law: Doubt about "Restaurant Customers Cannot Bring Drinks with Themselves"

The restriction that customers of a restaurant cannot bring with drinks while dining there is irritating and is often deemed as infringing consumers’ interest. However, no satisfactory answer can be received where one only considers the priority of protection on "consumer-business operator" while confronting conflict of rights. In fact, by studying the nature of goods, the reason why the restriction becomes a heated topic in society lies in the features of the specific goods and the psychological feelings of the customers it arouses. From a broader angle, one can find that competition law, by maintaining the competitive order, is able to offer more choices to customers so as to protect their rights and interests considerably.