The constitutional disputes in the system of cross-jurisdictional prosecution involve two main issues:firstly,whether the behavior of superior procuratorates in unilaterally calling upon prosecu-tors is constitutional,and secondly,whether the called-upon prosecutors need to be appointed by the standing committee of the people's congress of the jurisdiction into which they are called.The Procura-torate Organization Law grants superior procuratorates the authority to unify the call-up of prosecutors,which is a specific manifestation of the leadership relationship between different levels of the procurator-ate,and its constitutionality is undoubtedly clear.Prosecutors possess a dual nature in terms of identity,embodying both national and local attributes.The former means that the selection and appointment/re-moval of prosecutors can only be based on national laws,and prosecutors must uphold the supreme inter-ests of the entire society;the latter implies that the selection and appointment/removal of local prosecu-tors are local affairs,and local prosecutors can and should oversee the implementation of local regulations to genuinely protect local interests.The people's congress and its standing committee are the sole entities responsible for the appointment and removal of prosecutors.The cross-jurisdictional use of prosecutors"from the top down"also requires appointment and removal by the people's congress because the leader-ship relationship does not replace the method of creation.It is inappropriate to characterize the act of lo-cal people's congresses in appointing and removing prosecutors as a constitutional delegation;it is an act of authority aimed at protecting local interests.
NETL
NSTL
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