The main aim of the thesis is the complex analysis and generalization of the theoretical and practical questions, which are connected to essence, peculiarities, kinds and problems of the judicial discretion in the modern law systems

The purposes of the thesis: This paper first aims to introducing one new theory to solve the ineffectiveness of theory of mental coercion, and lay theoretical foundation to the dual criminal responsibility system so as to defend for justice of ICR. Second, this paper introduced and analyzed the dilemmas faced by the ICC when it exercised its jurisdiction. Third, this paper pointed out that the basic obstacle which hinders the exercise of jurisdiction of the ICC is the conflict between sovereignty and supranational power, and jus cogens reflects the common interest of human beings, so the fundamental way to solve this dilemma is to construct an axiology system to defend justice for ICL and jurisdiction of the ICC