司法赔偿再审程序之现状我国在刑事、民事、行政三大诉讼法中均规定了审判监督程序（亦称再审程序），惟有国家赔偿法对此未作规定。最高人民法院虽然在《关于人民法院赔偿委员会审理赔偿案件程序的暂行规定》（以下简称《暂行规定》）和《最高人民法院赔偿委员会工作规则》（ The Current Situation of Retrial Procedure of Judicial Reparation In China, the procedure of trial supervision (also known as retrial procedure) is stipulated in the three major procedural laws of criminal, civil and administrative. Only state compensation law does not provide for this. Although the Supreme People’s Court stated in the Interim Provisions on the Procedures for Handling Compensation Cases Involved in the People’s Courts (hereinafter referred to as “Interim Provisions”) and the “Rules of Work of the Compensation Commission of the Supreme People’s Court” (the "