How should the authority to arrest be divided, and how should the authority to arrest be divided?

The power of arrest is exercised by the public, procuratorial and judicial organs, and no other organ, group or individual has the right to exercise it. Among the public, procuratorial and judicial organs, the authority to arrest is different, and there is a certain division of labor. The people's procuratorate and the people's court have the power to decide on arrest, and the people's procuratorate has the power to approve the arrest, and when the public security organ finds it necessary to arrest a criminal suspect in a case under its own investigation, it shall request the people's procuratorate to review and approve it in accordance with law, and it has no right to arrest on its own.

Whether an arrest is decided or approved, it is carried out by the public security organs.

The division of arrest authority in China's law embodies the principle of division of labor and responsibility, mutual cooperation, and mutual restraint among the public, procuratorial, and judicial organs.

Only the Public Prosecutor's Office has the power to approve arrests, and the courts have the power to decide on arrests of defendants in cases, which is a constitutional provision.

In general, arrest is made within three to seven days after detention.

Constitution. Article 37: The personal liberty of citizens of the People's Republic of China is inviolable.

No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs.

Code of Criminal Procedure.

Article 89: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking him into custody. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Legal analysis: The people's procuratorate and the people's court have the right to decide on arrest, the people's procuratorate has the power to approve arrest, and the public security organ shall submit to the people's procuratorate for review and approval in accordance with the law when the public security organ finds it necessary to arrest the criminal suspect in a case it investigates, and it has no right to arrest on its own. Whether an arrest is decided or approved, it is carried out by the public security organs.

Legal basis: Former Criminal Procedure Law of the People's Republic of China Article 90: After the people's procuratorate reviews a case submitted by the public security organ for approval of arrest, it shall make a decision to approve or not approve arrest based on the circumstances. The public security organs shall immediately enforce the decision to approve arrest and promptly notify the people's procuratorate of the execution situation.

Where arrest is not approved, the people's procuratorate shall explain the reasons, and where it is necessary to supplement the investigation, it shall notify the public security organs at the same time.

Legal Analysis: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and the public security department must be carried out by Guan Bu Wuyin.

Legal basis: Criminal Procedure Law of the People's Republic of China: Article 83: When detaining or arresting in a different location, when the public security organs carry out detention or arrest in a different location, they shall notify the public security organ for the place where the person is detained or arrested, and the public security organ for the place where the person is detained or arrested shall cooperate.