Abstract: The form of guardianship of minor children after their parents' divorce in civil law countries is different from that in common law countries. In civil law countries this legal-relation is regulated by parental right system, while in common law countries it is regulated by custody system. Though there are differences in legislative mode between the two legal systems, they have the same essence, that is to solve the problems of fostering and educating the minor children after the divorce of their parents. This dissertation compares and analyses the related systems of the two legal systems and then gives an appropriate and effective way to protect minor children after their parents' divorce.