“开瓶费”是否具有法律效力是法官判案的重要依据,其法律效力的判断应当从现行法入手并结合案件的具体情况进行分析。“开瓶费”的订立,首先是一种法律行为,再者是一种格式条款,因此应当根据《民法通则》与《合同法》中关于法律行为及格式合同的法律效力的规定进行分析。但是仅根据这两者还不足以保护消费者的合法权益,还需要结合《消费者权益保护法》等经济法的相关法律规定进行综合分析。 Whether the “corkage fee” has the legal effect is an important basis for the judge to judge the case. Judgment on its legal effect should be based on the current law and the specific circumstances of the case. The “corkage fee”, the first is a legal act, and then a format clause, it should be in accordance with the “General Civil Law” and “Contract Law” on legal acts and forms of contract the legal effect of the provisions of the contract analysis. However, only according to the two are not enough to protect the legitimate rights and interests of consumers, but also with the “Consumer Protection Law” and other relevant laws and regulations of economic law a comprehensive analysis.