5.4.3.2.0 Introduction

Now I come to the two major problems in applying Articles 20 and 153, which have already been addressed in my discussion of the oppression and unfair prejudice remedy in Chapter 3 and Chapter 4, but which, because of to the Chinese legal culture, will cause more serious problems in China. They are the problem of interpreting the general words and the problem of exercising judicial discretion. These problems are related to the nature of the remedy and the legal tradition in China. Accordingly, before I discuss the problems, I will first recount the nature of the remedy and briefly address the legal culture in China.