根据我国《婚姻法》规定,离婚父母对其子女仍为法定监护人,对于该监护的性质在理论界一直存在争论,有学者在解读法条时,将离婚父母之间的监护责任承担视为一种委托,但是,分析不同国家中离婚父母就其未成年子女的侵权行为责任承担可知,因父母这一血缘身份的特殊性,他们所承担的责任应为一种无过错责任,无论二者之间是否存在委托关系,这种责任都不可避免,至于责任分担问题,应更多的借助于法官的自由裁量。 According to the Marriage Law of our country, divorced parents are still legal guardians of their children. There has always been controversy about the nature of the guardianship in theorists. Some scholars regard the assumption of guardianship responsibility as a kind of custody between divorced parents However, analyzing the responsibility of divorced parents in different countries for the infringement of their minor children shows that due to the particularity of their paternalistic status, the responsibilities they assume should be a non-fault liability. No matter between the two Whether there is trust relationship, this responsibility is inevitable, as for the issue of responsibility should be more aided by the judge’s discretion.