对撤销学位的行政法思考——以中山大学撤销陈颖硕士学位案件为例

授予学位是学位授予单位对学位申请人学术水平肯定性评价的行政行为，同时也是授益行政行为。撤销学位的法定条件应是学位申请人存在学术造假或者学术舞弊事实并且申请时学术水平明显低于被授予学位标准，撤销学位应遵守行政法信赖保护原则、事实不可更改原则及正当程序原则。针对上述条件和原则，本文对撤销学位的规范性提出了具体的建议。

Thinking about Withdrawing degree on the basis of the principles of administrative law

Awarding degree is an administrative behavior that union of awarding degee gives positive valustion to degree applicant, and also is a beneficial administrative behavior.Legitimate conditions of Withdrawing degree should be that apphcant have had serious academic pretence and that applicant＇s academic level is far below the level of applying degree.Withdrawing degree must comply with the principle of credit protection,the principle of no-altering fact and the principle of due process of law in administrative law.At last, some advice is given to regulate withdrawing degree.