In recent years, in order to completely deprive criminals of asset possessions, combat money-laundering and cut off crime incentives, many countries have actively promoted the preservation and confiscation of criminal's assets and taken into account the legitimate rights of bona fide third party protection. On the basis of international development trends and domestic reality, the Ministry of Justice prioritizes the policy of the preservation and confiscation of criminal's assets. The preservation and confiscation of criminal's assets often involve third party property rights. However, Criminal Procedure Law and the relevant law do not confer the status to a third person or authority-related procedures. So the third party has no opportunity to claim their legitimate rights in trial procedures. Owing to the trend of the International Covenant and comparative law as well as the mechanism that Germany and Japan have adopted to allow third parties to participate in legal proceedings, it is advisable that our country follow the aforementioned trends. Thinking over the defects of the current legal system and the plight of judicial procedure, we ought to try to explore the further development of due process of law and endow a third party with the position, such as an opportunity to know how to exercise their rights, direct hearings, oral arguments by counsel, the request of favorable survey evidence and similar remedies. In order to seek a balance among "protection of the legitimate rights of the third party", "avoiding unnecessary delays in the case litigation" and "litigation economy", we should construct the mechanism of involving the third party in the criminal procedure and action. Such moves could safeguard the legitimate rights of the third party and solve difficulties of judicial operation, strengthen criminal asset preservation of the investigating authorities and enhance the effectiveness of criminal asset forfeiture.