我国刑事诉讼法第149条第1款规定:“各级人民法院院长对本院已经发生法律效力的判决和裁定,如果发现在认定事实上或者在适用法律上确有错误,必须提交审判委员会处理”。根据这个规定,最高人民法院和上级人民法院提起审判监督程序的主要方式是提审和指令下级人民法院再审。至于各级人民法院院长对本院已经发生法律效力的判决、裁定提起的审判监督程序的方式,刑事诉讼法第一百四十九条中未作规定,但笔者认为只能是再审,不可能是提审。因为各级人民法院院长提起的审判监 Paragraph 1 of Article 149 of the Code of Criminal Procedure of our country stipulates: “Judgments and rulings made by the president of a people’s court at all levels on the legal effect that has been committed in this court must be submitted to the judicial committee if they find that there are any errors in the determination of factuality or applicable law, deal with”. According to this provision, the Supreme People’s Court and the people’s court at higher levels to bring the trial supervision process is the main way to review and order a lower people’s court retrial. As for the ways in which the president of the people’s court at all levels has legally effective in this court and has ruled on the procedure for supervising the trial, the provisions of Article 149 of the Criminal Procedure Law have not been stipulated, but the author thinks it can only be retrial, May be put on trial. Because of the people’s court at all levels brought the trial supervision