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China has the largest population and the fastest growing economy in the world. The general public's demand for health is rising promptly with the improvement of the living standard. However, the limited and unbalanced medical resource have caused the prominent problem of the society, even in the capital city of Beijing, the new hospital constructions with rational allocation is iminent and significant. Along with the technology development and Internet popularization, GIS approaches and related products has been widely used in the people's daily life. The main focus of this paper is to select a site for building a new hospital in Haidian District of Beijing using GIS-based Multi-Criteria Analysis (MCA). With Analytical Hieraichy Process(AHP) and Rank Order Method (ROM) for the weight setting on factor criteria, necessity tests and sensitivity tests are applied to check which criteria are really necessary and how the results are sensitive to their weight change. The optimal site located in Wenquan Town (E: 116.182, N:40.039) is screened from several candidate sites usin Google Earth maps, which makes the ultimate result more convincing and practical. It can be concluded that GIS-based MCA with necessity and sensitivity tests proposes a novel and useful reference to other site selection decision makers, and also provides constructive tools for the public asministration to set up efficent databases for decision makers to carry out spatial analyses. To make it more maneuverable and practical, a further research on th improvement of this method will have a promising future.

服務貿易的管制密集，因此管制也最有可能形成主要的貿易障礙，然而服務貿易總協定第6條第4項國內規章準則的談判卻幾近停滯。本文探究其中原因，著眼於管制、國內規章準則的共同點皆在於「管制」，而好的管制必然植基於成本效益評估，因此必要性測試即成為國內規章準則的核心。必要性測試的核心為管制目的、成本效益評估，本文觀察必要性測試的談判歷程，認為必要性測試的談判實不應透過管制目的的限縮，而應著重於成本效益的衡量，因此著重於成本效益評估要件的設計方有可能於必要性測試的議題取得突破。 / As service sector is heavily regulated, domestic regulation might become the major trade barrier. However, the negotiation under the General Agreement on Trade in Services (GATS) article 6.4 is almost stalled. The paper aims at analyzing the challenges in the negotiation. Focusing on the common nature of “governance” between domestic regulation and trade governance in GATS article 6.4, the paper argues that good governance must be based on impact analysis, which makes necessity test the core of GATS article 6.4 negotiation. The paper examines the negotiation history of necessity test, and argues that the focus of negotiation should be the necessity analysis, rather than the scope of objectives in necessity test. The solution of the negotiation challenge is therefore focusing on the elements of necessity analysis, particularly the trade restrictiveness.

隨著全球電子商務的蓬勃發展，為在資訊流通與資料保護之間取得平衡，跨境資訊流動議題在國際經貿整合中往往也成為各國談判的焦點之一。其中，TPP中各國更進一步地處理「當地設立伺服器」議題，並提案將以「必要性測試」作為各國施行該措施之前提，本文遂就該測試在相關措施下之運作進行探討，並針對我國未來制度上與國際接軌之方向提出建議。 本文透過文獻分析法，歸納出必要性測試的評估過程中有「替代性措施對政策目標之貢獻程度」、「政策目標或價值之重要性」、「對國際貿易之限制性」幾個重要因素，另外在針對澳洲措施的分析中，有司法管轄權、技術、國際間合作狀況與行政成本，需納入考量之因素。然而，我國法制中尚未有更具體的管制措施，而經貿協議中僅止於承認彼此之資訊流通管制規範。未來或可參考澳洲之做法，同時由前歸納之因素評估該作法之必要性。 / The issue of trans-border data flow has been treated as one of those significant trade liberalization topics while global electronic commerce continues to surge and countries are striving to build common ground on the balance between data flow as well as data protection. Among these efforts of trade integration, “necessity test” was proposed when the members within TPP go further to negotiate whether the regulation of “localization data center” should be banned or not. In this article, we will conduct analysis toward how will the test work with potentially disputing measures and provide suggestions for Taiwan’s legislation to be geared to international treaties and standards. Through documentary analysis, factors evaluated against possible alternative measures when exercising necessity tests are summed up as contribution made by the compliance measure to the enforcement of the law or regulation at issue, the importance of the common interests or values protected by that law or regulation, and the accompanying impact of the law or regulation on imports or exports. Furthermore, as what has been shown by analyzing the Australian measure, we concluded that jurisdiction, techniques, international cooperation and administrative costs should also be taken into account. However, due to the lack of more practical measures and the topic in Taiwan’s concluded trade agreements is still in its infancy, I suggested that related authority can take the Australia’s measure as an example on basis of the above-mentioned factors.