传统上南北国家围绕直接征收补偿标准的重大争议,已为晚近对间接征收之界分问题的讨论所取代。如何区分间接征收与无需赔偿的正常外资管理措施,反映了保护私人财产权与维护公共利益之间永恒的张力,需要做出审慎的利益平衡。为此,有必要引入“国际法设定最低标准,东道国掌握主控权力”的模式;而且国际法设定的这方面最低标准应兼采“行为效果与性质”原则;同时,国际裁判机构对该原则的解释,也应向发展中国家倾斜。 Traditionally, the major controversies surrounding the direct and indirect compensation rates imposed by North and South countries have been replaced by recent discussions on the issue of the bounded indirect seizure. How to distinguish between indirect expropriation and non-compensation of normal foreign investment management measures reflects the eternal tension between the protection of private property rights and the maintenance of the public interest, and requires careful balancing of interests. For this reason, it is necessary to introduce the model that “the minimum standard of international law should be set for the host country to master the power of control.” Moreover, the minimum standards set in international law should adopt the principle of “effect and nature of behavior” at the same time. At the same time, Institutional interpretation of this principle should also be tilted to developing countries.