饭店与消费者关于“自带酒水收取开瓶费”的争论愈演愈烈,本文从两个判决结果大相径庭的案例入手,简单分析了这一问题产生的原因。着重从权利体系的角度出发,阐述了消费者、商家分别所享有的权利以及行使权利的条件,通过上述的分析,使双方在这一法律关系中的地位更加清晰和明确,十分有助于这一问题的彻底解决,进而使得消费者和商家的紧张关系得到改善。 The controversy between hotels and consumers about “bring your own cellar to open corkage ” intensified. This article starts from the two cases with very different verdicts, and simply analyzes the causes of this problem. Focusing on the rights system, elaborating on the rights enjoyed by consumers and merchants as well as the conditions for exercising their rights. Through the above analysis, it is helpful for both parties to become clearer and more explicit in this legal relationship A complete solution to the problem has led to an improvement in the tensions between consumers and businesses.