一场漏水引出上海首份咖啡“软法指引”A leak leads to Shanghai's first coffee 'soft method guide'

来源：法治日报-法治网 □ 本报记者 张海燕□ 本报实习生 罗慧林

梧桐深处，绿荫匝地。上海衡复历史风貌区的夏日清晨，咖啡香在光影里飘荡，一场漏水却搅乱了树下人的心弦。

2026年8月19日上午，《法治日报》记者走进上海市徐汇区天平街道社会治安综合治理中心调解室，现场见证徐汇区人民法院民事审判庭法官郑晓宜联手综治中心调解员，共同调处一起咖啡店漏水纠纷。

“我们日均营业额6000多元，停业两天必须按这个赔！”

“台风天不能按正常营业额计算，机器也不能按新机折价！”

咖啡店店长李女士与物业公司陈经理隔桌对峙，声音一个高过一个。坐在两人中间的郑晓宜没有急于开口，而是先把茶杯往前推了推：“先喝口水，咱们一个一个来。”

这起纠纷始于7月初台风“巴威”过境。李女士的咖啡店因天花板漏水，进口咖啡机被泡坏、物料损毁、停业两天，遂向大楼物业索赔。物业虽认可应负维修责任，却在损失核算上寸步不让。纠纷被导入街道综治中心后，郑晓宜快速介入。她在初步沟通中发现，店家最急迫的需求并非赔偿，而是漏水处尚未修复、后续仍可能渗漏。经她协调，物业在7天内完成检修，先解了燃眉之急。8月19日上午的调解，焦点便集中在赔偿费用的具体核算上。

台风是否属不可抗力？停业损失如何折算？设备折旧怎么计算？面对双方争执，郑晓宜将此前类似案件的审理结果掰开揉碎、逐条讲给双方听：“上次那家店也是因台风漏水，法院支持的算法是这样的。”

但陈经理仍坚持申请第三方鉴定介入评估，气氛一度紧张。调解员适时插话：“请第三方鉴定，评估费可能比赔偿费还高，不如拿票据说话。”这句话让双方冷静下来。李女士提交了去年同期流水和POS机记录，陈经理答应收齐材料后向公司据实汇报，损坏的咖啡机则交由法院指定鉴定机构评估定损。

不靠嗓门靠凭据，双方当场签下调解协议，矛盾就地化解。

个案虽了，思考却未停止。天平街道是上海市咖啡店铺最密集的区域之一，2.68平方公里内有150多家咖啡店，每平方公里近60家，从业人员超600名。咖啡经济繁荣的同时，市容门责、用工权益、邻里关系等问题日趋类型化。

案件调处后，徐汇法院联合天平街道在66梧桐院党群服务中心发布《天平街道咖啡行业软法指引》（以下简称《指引》）。这是上海首份专门针对咖啡行业的“软法指引”，由徐汇法院“甘棠树下”社区法官工作室与天平街道司法所在前期大量调研基础上撰写而成。

《指引》分为指引原则、前期筹备与设立开办、日常经营三大板块，既介绍了街道对咖啡行业的机制支持和配套服务，也对场所租赁、装修备案、用工管理、食品安全等实际经营全流程可能遇到的法律风险进行了系统梳理与回应。

“《指引》以现行法律法规为根本依据，针对市容门责管理、用工权益保障、邻里关系协调这三大行业最突出的现实问题给出清晰指导，靶向回应痛点难点。”天平街道党工委副书记刘智樱说。

一家独立咖啡店的主理人张亮拿到《指引》后直言：“很多咖啡店体量小、人员少，对于法律上的权益边界，大多数时候都是踩了坑才知道有这道坎。现在开店前翻一遍，能少走很多弯路。”

“《指引》的制定及发布是徐汇法院用好司法资源、引导‘软法’治理的鲜活案例。只有善于从矛盾纠纷中发现治理短板、规则堵点，提炼治理经验，才能真正实现‘办理一案、治理一片’。”徐汇法院党组副书记、副院长李则立表示，下一步，徐汇法院将拓展运用“个案复盘—风险梳理—行业立规”方法，发挥典型案例规则导向作用，以绣花针功夫为品质城区建设持续提供高品质司法服务。

编辑：韩煜琛

Source: Rule of Law Daily - Rule of Law Network □ Reporter Zhang Haiyan □ Intern Luo Huilin

In the deep of wutong, green shade spreads on the ground. On a summer morning in the historic district of Hengfu in Shanghai, the aroma of coffee wafted in the light and shadow, but a leak disturbed the heartstrings of the people under the trees.

On the morning of August 19, 2026, a reporter from the Rule of Law Daily walked into the mediation room of the Social Security Comprehensive Management Center in Tianping Street, Xuhui District, Shanghai, and witnessed Zheng Xiaoyi, a judge of the Civil Trial Division of Xuhui District People's Court, working together with the mediator of the Comprehensive Management Center to mediate a coffee shop water leakage dispute.

Our daily turnover is over 6000 yuan, and we must compensate according to this for two days of closure

During typhoon days, normal revenue cannot be calculated, and machines cannot be discounted for new ones

Ms. Li, the manager of the coffee shop, and Mr. Chen, the manager of the property management company, were facing each other across the table, with each one speaking louder than the other. Zheng Xiaoyi, who was sitting between the two, didn't rush to speak. Instead, she pushed the teacup forward and said, "Let's take a sip of water first. Let's come one by one

This dispute began in early July when Typhoon Bawei passed through. Ms. Li's coffee shop was closed for two days due to a leaking ceiling, damaged imported coffee machines, and damaged materials. She then filed a claim with the building's property management. Although the property management acknowledges the responsibility for maintenance, they refuse to compromise on loss accounting. After the dispute was brought into the street comprehensive management center, Zheng Xiaoyi quickly intervened. She found in the initial communication that the most urgent need of the shop owner is not compensation, but the leakage that has not been repaired and may still leak in the future. Through her coordination, the property management completed the maintenance within 7 days, solving the urgent need first. The mediation on the morning of August 19th focused on the specific calculation of compensation costs.

Is a typhoon considered force majeure? How to convert the loss of business closure? How is equipment depreciation calculated? Faced with the dispute between the two parties, Zheng Xiaoyi broke down the trial results of similar cases before and explained them to both parties one by one: "Last time, that store also leaked water due to a typhoon, and the algorithm supported by the court is like this

But Manager Chen still insisted on applying for third-party appraisal to intervene in the evaluation, and the atmosphere was tense at one point. The mediator interjected at the appropriate time, 'Please have a third-party appraisal. The appraisal fee may be higher than the compensation fee, so it's better to speak with the receipts.' This sentence calmed both parties down. Ms. Li submitted the same period last year's transaction records and POS machine records, and Manager Chen promised to report to the company truthfully after receiving all the materials. The damaged coffee machine will be evaluated and damaged by a court designated appraisal agency.

Without relying on voice or evidence, both parties signed a mediation agreement on the spot and resolved the conflict on the spot.

Although the case has been resolved, thinking has not stopped. Tianping Street is one of the most densely populated areas for coffee shops in Shanghai, with over 150 coffee shops within 2.68 square kilometers, nearly 60 per square kilometer, and more than 600 employees. Along with the prosperity of the coffee economy, issues such as urban responsibility, employment rights, and neighborhood relations are becoming increasingly typified.

After the mediation of the case, Xuhui Court, together with Tianping Street, issued the Soft Law Guidelines for the Coffee Industry of Tianping Street (hereinafter referred to as the Guidelines) at the Party Mass Service Center of 66 wutong Court. This is the first "soft law guide" specifically targeting the coffee industry in Shanghai, written by the "Gantang Tree" community judge studio of Xuhui Court and the Tianping Street Judicial Office based on extensive research in the early stage.

The Guidelines are divided into three major sections: guiding principles, preliminary preparation and establishment, and daily operations. It not only introduces the mechanism support and supporting services of the street for the coffee industry, but also systematically sorts out and responds to the legal risks that may be encountered in the entire process of actual operation, such as venue leasing, decoration filing, employment management, and food safety.

The 'Guidelines' are based on current laws and regulations, providing clear guidance on the most prominent practical issues in the three major industries of urban appearance management, employment rights protection, and neighborhood relationship coordination, and addressing pain points and difficulties in a targeted manner, "said Liu Zhiying, Deputy Secretary of the Party Working Committee of Tianping Street.

After receiving the "Guidelines," Zhang Liang, the owner of an independent coffee shop, bluntly stated, "Many coffee shops are small in size and have few personnel. Most of the time, when it comes to the legal boundaries of rights and interests, it's only after stepping into a pit that we realize we have this hurdle. Going through it before opening a shop now can save us a lot of detours

The formulation and release of the "Guidelines" is a vivid case of Xuhui Court making good use of judicial resources and guiding "soft law" governance. Only by being good at discovering governance shortcomings and rule blockages from contradictions and disputes, extracting governance experience, can we truly achieve "handling one case, governing one area". "Li Zeli, Deputy Secretary of the Party Group and Vice President of Xuhui Court, said that in the next step, Xuhui Court will expand the use of the" case review risk sorting industry regulation "method, play the role of typical case rule guidance, and continuously provide high-quality judicial services for the construction of quality urban areas with embroidery needle skills.

Editor: Han Yuchen