| In2012,the class action lawsuit about scholarship between students and the Chinauniversity of political science and law is the first in our country, although the court did notaccept and hear the case, the case caused people’s thinking.In addition to, a new graduatestudent education input mechanism and grants policies is going to put into practice,soscholarship system will impact on the interests of the students, and it will also affect thelong-term development of the school, therefore the author will study the graduate studentscholarship appeal system deeply.In the thesis,part one studies the justification of scholarship appeal system.Firstly,theauthor analyze the property of the power which the school give awards to excellent studentsto confirm the legal statue of colleges and universities.The people did not reach a consensusabout the nature of the administrative behavior of colleges and universities in the practice,sothe author make conclusion that the administrative behavior of colleges and universities toawarded scholarship belongs to assistant administration, with the theory of assistantadministration in the the foreign practice,this part argues the legitimacy and rationality of thesupervision of the appeal system for the power which the school give awards to excellentstudents,and this basis on which the administrative support need to be retained by lawreservation principle. Secondly,The special authority relations and its development betweenuniversity and student in the education field shows the possibility of relief system in thecolleges and universities.Lastly,The existence of scholarship appeal system also confirm tothe requirements of the lawful concept.Part two introduced the existing advantages anddisadvantages of campus appeal system, the advantages and disadvantages are the referenceresources for scholarship appeal system. Part three stress on studying graduate studentscholarship appeal system about Complaints range,The appeal organization and appealprocedure.In terms of scholarship appeal range,Scholarship is a kind of legitimate expectationwhich have not yet acquired,which need to protect in administrative law.With the theory of legitimate expectation in domestic,the thesis make a initial analysis the relationship aboutlegitimate expectation and law and equality principle in administrative law to lay a theoreticalfoundation which legitimate expectations is introduced into the scholarship appealsystem.Then it studies the reasons that scholarship policy and rules, the assessmentprocedures and evaluation contains the legitimate expectation,and that is why the above threeaspects should supervise and protect in scholarship appeal system. By learning the studentgrievance review committee in taiwan and in “The Reform Of Grant System Of GraduateStudents In The Southwest University Of Political Science And Law which our school try toput into practice,those provide theoretical support for colleges and universities to buildspecific scholarship appeal organization.Finally,the thesis introduces the appear system in thelaw school in China, and the scholarship appeal procedures will be set up formacceptance,Investigation and review and decision. |